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HomeMy WebLinkAboutZ-7438 Staff AnalysisAUGUST 30, 2004 EM NO.: C File No.: Z-7438 Owner: Mattie Irby Rhodes Address: 2809 W. 12th Street Description: Lots 4 and 5, Block 3 Worthen and Brown Addition Zoned: C-3 Variance Requested: A time extension is requested on a previously approved variance to allow a temporary gravel parking lot. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Suffer Issues: Areas set aside for buffers and landscaping meet with ordinance requirements. This takes into account the reductions allowed within the designated mature area. A protective border, such as cross -ties, should separate gravel from areas to be landscaped. At such time that the vehicular use area is paved, required landscaping must also be installed. An approved protective border, such as the cross -ties or curb and gutter, will be required to protect landscaped areas from vehicular traffic. A water source within seventy-five (75) feet of landscape areas will also be required when the site is paved and landscaped. AUGUST 30, 2004 ITEM NO.: C Cont. C. Staff Anal sis: The C-3 zoned property at 2809 West 12th Street is occupied by two (2) commercial buildings, one within the northwest portion of the property and one along the rear property line. Two (2) other buildings which previously existed within the east one-half of the property were recently removed. There is a new gravel parking lot within the east one-half of the property, with existing curb cuts (with concrete aprons) from West 12th Street and the alley which runs along the south property line. A portion of the southernmost building is occupied by a beauty shop. The beauty shop has existing on the site for 20 years, utilizing an existing gravel parking lot on the property immediately to the west which is owned by the owners of the convenience store at the southeast corner of West 12th and Wood Streets. The beauty shop has had an agreement with the convenience store owners to use the gravel parking area during the past 20 years. The building at the northwest corner of the property was recently converted to a sports bar and grill from a general commercial use. The conversion of the building from a retail use to a restaurant -type use requires an additional seven (7) on-site parking spaces. Therefore, the property owner purchased the lot immediately to the east and removed the two (2) buildings in order to construct a new 12 -space paved parking lot. On July 28, 2003, the Board of Adjustment granted a 12 -month deferral of the paving requirement, as found in Section 36-508 of the City's Zoning Ordinance, (to July 28, 2004) for the parking lot, subject to the following conditions: 1. Compliance with the landscape and buffer requirements as noted in paragraph B. of this report. 2. The applicant must submit plans for a building permit at least 60 days prior to and have the construction completed by the 12 - month expiration date. The applicant originally requested an 18 -month deferral, but revised the application to a 12 -month deferral as recommended by staff. The applicant is currently requesting a second deferral for 12 additional months to July 28, 2005. The applicant has noted that she is not financially able to construct the parking lot at this time. As noted previously, the area where the paved parking lot will be constructed is currently gravel. A recent inspection of the property 2 AUGUST 30, 2004 ITEM NO.: C revealed that the existing gravel parking lot has been well maintained. It appears that no gravel has been pulled onto the concrete drive aprons or West12th Street. Staff does support an additional deferral of the paving requirement for the new parking lot, but staff will only support an additional deferral of 6 months. Staff feels that this will be adequate time for the applicant to work out details associated with the parking lot construction. Additionally, this will give the applicant the full 18 -month deferral as originally requested in July of 2003. The applicant should submit plans for a building permit at least 60 days prior to and have the construction completed by the 6 -month expiration date. The Public Works Department reviewed the proposed new parking lot in July, 2003. Public Works approves of the location of the driveway aprons as shown on the plan submitted, and noted that the alley right- of-way along the south property line should be capable of carrying the traffic generated by the proposed parking lot. D. Staff Recommendation: Staff recommends denial of the 12 -month paving deferral, as requested. Staff does support a 6 -month deferral of the paving requirement (to January 28, 2005) subject to the following conditions: 1. Compliance with the landscape and buffer requirements as noted in paragraph B. of the staff report. 2. The applicant must submit plans for a building permit at least 60 days prior to and have the construction completed by the 6 -month expiration date. BOARD OF ADJUSTMENT: (JUNE 28, 2004) Staff informed the Board that the applicant requested to defer the application to the July 26, 2004 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the July 26, 2004 Agenda by a vote of 5 ayes and 0 nays. AUGUST 30, 2004 ITEM NO.: C Gant. BOARD OF ADJUSTMENT: (JULY 26, 2004) The applicant was not present. Staff recommended that the application be deferred to the August 30, 2004 Agenda. A motion was made to defer the application to the August 30, 2004 Agenda. The motion passed by a vote of 3 ayes, 0 nays and 2 absent. The application was deferred. BOARD OF ADJUSTMENT; (AUGUST 30, 2004) The applicant was not present. Staff recommended the application be withdrawn, based on the fact that the applicant had failed to attend two (2) consecutive hearings. A motion was made to withdraw the application. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was withdrawn. V. July 28, 2003 ITEM NO.: 7 File No.: Z-7438 Owner: Mattie Irby Rhodes Address: 2809 West 12th Street Description: Lots 4 and 5, Block 3, Worthen and Brown Addition Zoned: C-3 Variance Requested: A variance is requested from the paving provisions of Section 36-508 to allow a temporary gravel parking lot. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No issues. B. Landscape and Buffer Issues: Areas set aside for buffers and landscaping meet with ordinance requirements. This takes into account the reductions allowed within the designated mature area. A protective border, such as cross -ties, should separate gravel from areas to be landscaped. At such time that the vehicular use area is paved, required landscaping must also be installed. An approved protective border, such as the cross -ties or curb and gutter, will be required to protect landscaped areas from vehicular traffic. A water source within seventy-five (75) feet of July 28, 2003 ITEM NO.: 7 landscape areas will also be required when the site is paved and landscaped. C. Staff Analysis: The C-3 zoned property at 2809 West 12th Street is occupied by two (2) commercial buildings, one within the northwest portion of the property and one along the rear property line. Two (2) other buildings which previously existed within the east one-half of the properly were recently removed. There is a new gravel parking lot within the east one-half of the property, with existing curb cuts (with concrete aprons) from West 12th Street and the alley which runs along the south property line. A portion of the southernmost building is occupied by a beauty shop. The beauty shop has existing on the site for 20 years, utilizing an existing gravel parking lot on the property immediately to the west which is owned by the convenience store at the southeast corner of West 12th and Woodrow Streets. The beauty shop has had an agreement with the convenience store owners to use the gravel parking area during the past 20 years. The building at the northwest corner of the property is in the process of being converted to a sports bar and grill from a general commercial use. The conversion of the building from a retail use to a restaurant -type use requires an additional seven (7) on-site parking spaces. Therefore, the property owner purchased the lot immediately to the east and removed the two (2) buildings in order to construct a new 12 -space paved parking lot. However, the applicant has stated that she is not financially able to construct the parking lot at this time, and is requesting an 18 -month extension on the paving requirement as found in Section 36-508 of the City's Zoning Ordinance. As noted previously, the area where the paved parking lot will be constructed is currently gravel. Staff is supportive of a deferral of the paving requirement for the new parking lot, but staff will only support a 12 -month deferral. Staff feels that this will be adequate time for the applicant to get the new business up and running and possibly secure the funding needed for the parking lot construction. The applicant should submit plans for a building permit at least 60 days prior to and have the construction completed by the 12 - month expiration date. The applicant must also conform to the landscape and buffer requirements as noted in paragraph B. of this report. The Public Works Department reviewed the proposed new parking lot. Public Works approves of the location of the driveway aprons as shown on the plan submitted, and noted that the alley right-of-way along the i+a July 28, 2003 ITEM NO.: 7 (Cont. south property line should be capable of carrying the traffic generated by the proposed parking lot. D. Staff Recommendations: Staff recommends denial of the 18 -month paving deferral, as requested. Staff does support a 12 -month deferral of the paving requirement (to July 28, 2004) subject to the following conditions: 1. Compliance with the landscape and buffer requirements as noted in paragraph B. of this report. 2. The applicant must submit plans for a building permit at least 60 days prior to and have the construction completed by the 12 -month expiration date. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting revision of the application as recommended by staff. Staff recommended approval of a 12 -month deferral of the paving requirement (to July 28, 2004) subject to the following conditions: 1. Compliance with the landscape and buffer requirements as noted in paragraph B. of the staff report. 2. The applicant must submit plans for a building permit at least 60 days prior to and have the construction completed by the 12 -month expiration date. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 5 ayes and 0 nays.