HomeMy WebLinkAboutZ-7454 Staff AnalysisSeptember 29, 2003
ITEM NO.: A
File No.:
Owner:
Address:
Description:
Z-7454
Otter Creek Land Company
#2 Otter Creek Court
Lot 1, Otter Creek Commercial Subdivision
Zoned: C-1
Variance Requested: A variance is requested from the temporary
building provisions of Section 36-202 to
allow a time extension.
Justification:
Present Use of Property
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No issues.
B. Staff Analysis:
The applicant's justification is presented in
an attached letter.
Temporary Office Building
Temporary Office Building, with future
permanent office building
The C-1 zoned property at #2 Otter Creek Court is occupied by a one-
story temporary office building, located near the center of the lot. There is
a small paved parking area on the east side of the building. A paved
driveway from Otter Creek Court serves as access.
Section 36-202 of the City's Zoning Ordinance allows for
the placement of temporary buildings as follows:
"(a) The director of the city department having
planning authority and responsibility may allow a
temporary building, preregulation mobile home or
September 29, 2003
ITEM NO.: A (Cont.
manufactured home for commerce, or industry in
any district where such building is used.
(1) Incidental to construction on a site or development
of a residential subdivision, or
(2) As a temporary office, store, or other facility while
the primary structure on the same site is being
remodeled or constructed.
(b) Such temporary building, mobile home, or
manufactured home may be allowed for any period
of time up to one (1) year, after which the board of
zoning adjustment must rule on an extension of
time."
Staff became involved in this case a little over a year ago, by way of a
citizen inquiry about the temporary building. On May 28, 2002, staff
administratively allowed the property owner one (1) year to remove the
structure. Staff was unable to determine how approval was originally
given for placement of the structure.
Tommy Hodges, the property owner, recently submitted a letter to staff,
requesting an additional year to remove the structure. Based on the fact
that staff has already given a time extension, the Board of Adjustment
must approve any additional time. Mr. Hodges notes that a building plan
has been proposed for a permanent building and a contractor has been
selected. He expects to have the new building completed in one (1) year.
Staff recommends approval of the requested time extension. Staff feels
that an extension of time to remove the temporary office building is
reasonable, however, one (1) year is the maximum time staff will support.
Even though the temporary office building has proven to be a good
holding use for the property, staff feels that it is time to begin construction
of the permanent building and remove the temporary structure.
C. Staff Recommendations:
Staff recommends approval of the requested one (1) year time extension
for the placement of the temporary office building. The temporary building
must be removed from the property no later than August 25, 2004.
K
September 29, 2003
ITEM NO.: A (Cont.
BOARD OF ADJUSTMENT: (AUGUST 25, 2003)
Staff informed the Board that the Otter Creek Neighborhood Association had
requested that the application be deferred so that they could meet with the
applicant and discuss the issue. Staff noted that Tommy Hodges, the applicant,
had expressed no problem with a deferral.
The item was placed on the Consent Agenda and deferred to the September 29,
2003 agenda by a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT: (SEPTEMBER 29, 2003)
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 4 ayes, 0 nays and 1 absent.
K,