HomeMy WebLinkAboutZ-7407-A Staff AnalysisJULY 31, 2006
ITEM NO.:
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File No.: Z -7407-A
Owner: Kil Kim
Applicant: Tim Dowty, Andrew Hicks Architects
Address: 9203 Chicot Road
Description: Northeast corner of Chicot Road and Preston Drive
Zoned: C-3
Variance Requested: Variances are requested from the area provisions of
Section 36-301 and the building line provisions of Section 31-12 to allow a new
commercial building with reduced setbacks and which crosses a platted building
line.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant
Proposed Use of Property: Convenience Store
STAFF REPORT
A. Public Works Issues:
No Comments
B. Landscape and Buffer Issues:
The site plan submitted complies with the City's minimum landscape
and buffer requirements.
C. Staff Analysis:
The C-3 zoned property at 9203 Chicot Road is currently undeveloped.
The site is located at the northeast corner of Chicot Road and Preston
Drive. Some site work has taken place in preparation of new building
JULY 31, 2006
ITEM NO.: 2 (CON'T.
construction. There is a 40 foot platted building line along both street
frontages (west and south property lines).
The applicant proposes to construct a new convenience store with gas
pumps on the property, as noted on the attached site plan. The new
convenience store building is proposed at the northeast corner of the
property maintaining the 40 foot setback from the front (west) property
line, with 10 foot setbacks from the side (north) and rear (east) property
lines. A canopy covering four (4) fuel pump islands will be located at the
southwest corner of the property. The proposed canopy will cross the 40
foot platted building lines, with corner relations to the west and south
property lines. The corners of the canopy will be located 18 feet back
from the front (west) property line and 21'-5" from the street side (south)
property line. A covered walkway will connect the canopy and the main
convenience store building. An entry drive will be located from Chicot
Road at the northwest corner of the property, with a second drive from
Preston Drive at the southeast corner of the property. Paved parking will
be located on the south side of the store building. A dumpster area will
be located at the southeast corner of the building.
Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum
front setback of 25 feet for C-3 zoned lots. Section 36-301(e)(2) requires
a minimum 15 foot interior side setback and a 25 foot street side setback.
Section 36-301(e)(3) requires a minimum rear setback of 25 feet.
Additionally, Section 31-12( c) of the Subdivision Ordinance requires that
encroachments across platted building lines be reviewed and approved by
the Board of Adjustment. Therefore, the applicant is requesting variances
to allow reduced side and rear setbacks for the convenience store
building, reduced front and exterior street side setbacks for the canopy
structure, and the canopy structure to extend across the front and side
platted building lines.
Staff is supportive of the requested variances. Staff feels the request is
reasonable, and the proposed convenience store will be a quality
development for the property. With respect to the reduced side and rear
setbacks for the convenience store building, the property abuts
commercial developments to the north and east which are still zoned R-2.
If the adjacent property were zoned commercial to recognize the existing
use, no side setback would be required. Therefore, staff views these
requested variances as very minor issues. Staff also views the reduced
setbacks for the canopy structure as relatively minor. The ordinance
would typically require 25 foot setbacks along both street frontages. The
40 foot platted building lines reflect older, outdated ordinance setback
requirements for commercial property. The corners of the canopy
structure are located 18 feet and 21'-5" from the front and street side
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JULY 31, 2006
ITEM NO.: 2 (CON'T.)
property lines. Only a small portion of the canopy structure will be located
within the typical zoning setbacks.
If the Board approves the building line variance, the applicant will have to
complete a one -lot replat reflecting the change in the platted front and
street side building lines for the convenience store development. The
applicant should review the filing procedure with the Circuit Clerk's office
to determine if the replat requires a revised Bill of Assurance.
D. Staff Recommendation:
Staff recommends approval of the requested variances, associated with
the proposed convenience store development, subject to the following
conditions:
1. Completion of a one -lot replat reflecting the change in the front and
side platted building lines as approved by the Board.
2. Compliance with the City's Landscape and Buffer Ordinances.
3. Any signage must conform with the Zoning Ordinance requirements
4. The dumpster area must be screened as per ordinance
requirements.
BOARD OF ADJUSTMENT:
(JULY 31, 2006)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 3 ayes, 0 nays, 1 absent and 1 open position.
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