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HomeMy WebLinkAboutZ-7521 Staff AnalysisOctober 27, 2003 ITEM NO.: 6 File No.: Owner: Applicant: Address: Description: Zoned: Z-7521 Blass Joseph Brown 5205 West 33rd Street Southwest corner of West 33�d Street and Anna Street R-3/1-2 Variance Requested: An interpretative request is made to determine whether the storage of vehicles represents a salvage yard use and whether the unpaved lot needs to be paved where vehicles are being stored. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Unpaved vehicle parking next to single family residence. Unpaved vehicle parking next to single family residence. The R-3 zoned property at 5205 West 33rd Street is occupied by a one-story frame single family residence. The lots immediately to the east are vacant, zoned 1-2 and part of the same ownership as 5205 West 33`d Street. The applicant, Joseph Brown, who lives at 5205 West 33rd Street owns and stores approximately 50 vehicles around the house and on the vacant 1-2 zoned property immediately to the east. October 27, 2003 ITEM NO.: 6 (Cont.) In June of this year the Zoning enforcement staff issued Mr. Brown a notice to cease the use of the property as a salvage yard, based on the fact that several of the vehicles appear to be inoperable and have been stored on the site for more than 30 days. The case is currently on hold in Municipal Court, pending a decision by the Board of Adjustment. The City's Zoning Ordinance definition of a "junk or salvage yard" is as follows: "Junk or salvage yard means any establishment maintained, used or operated for the storing, keeping, dismantling, salvaging, buying or selling of: (1) Scraps or discarded pieces of metal, paper, rags, tires, bottles and other materials. (2) Inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts, machinery or appliances. A junk or salvage yard shall not include premises on which such uses are conducted entirely within a completely enclosed building, nor shall a junk or salvage yard include premises used primarily for the sale or storage of operable automobiles or for the overhaul or full repair thereof, so long as no inoperable junk or wrecked automobile remains outside more than thirty (30) days. Any premises on which there remains outside more than thirty (30) days an inoperable, partially dismantled, wrecked or junked automobile shall be deemed for the purpose of this chapter, a junk or salvage yard." Additionally, Section 36-508 requires that parcels of land used for parking vehicles must be paved. This section does not apply to residential uses. This section reads as follows: "Every parcel of land which after the effective date of this chapter is changed to a parking area, automobile, other vehicle or trailer sales or storage area or automobile or motor vehicle service station, garage or other vehicle use area shall be paved where subject to wheeled traffic. The minimum pavement requirement shall be one and one-half (1 '/) inches asphaltic concrete hot mix with a five -inch compacted base or a double surface treatment with a five - inch compacted base or a four -inch concrete slab and shall have appropriate bumper guards where needed. Asphalt 2 October 27, 2003 ITEM NO.: 6 (Cont. roofing and by-products of its manufacture are expressly prohibited as a base course or as surfacing material on parking lots and/or drives." Joseph Brown, the occupant of 5205 West 33rd Street and owner of all the vehicles parked there and on the 1-2 zoned property to the east, contends that he collects the vehicles and restores them, but does not sell them. Mr. Brown has informed staff that all the vehicles are in working order and for his personal use only. Mr. Brown also contends that because he does not sell or salvage the vehicles, he should not be classified as a commercial use and be required to pave the area where the vehicles are stored. Therefore, Mr. Brown has filed an interpretative request to the Board of Adjustment. The Board is asked to determine if Mr. Brown's use of the property constitutes a junk or salvage yard or a private residential use. Additionally, the Board will need to determine whether the area where the vehicles are stored must be paved. BOARD OF ADJUSTMENT: (OCTOBER 27, 2003) Joseph Brown was present, representing the application. There was one (1) objector present. Staff gave a brief description of the interpretative request. Joseph Brown addressed the Board in support of the application. He stated that all of the vehicles stored on the property were in running order. He presented the Board with photos of other properties in the general area. Chairman Ruck asked Mr. Brown if he traded vehicles with other people. Mr. Brown stated that he did not. Chairman Ruck asked if he sold parts from the cars to anyone. Mr. Brown responded that he did not. There was a brief discussion related to the use of the property. In response to questions from Andrew Francis, Mr. Brown explained that he liked to collect cars, because his family had no cars when he was growing up. He stated that he had 30 vehicles stored on the site, and that he drove four (4) of them. He also noted that six (6) of the vehicles were licensed. There was additional discussion related to the use of the property. Mr. Brown explained that all of the vehicles except the ones he drives would be removed from the property. Fred Gray asked when the vehicles would be removed. Mr. Brown responded that it would take 60 to 90 days. Chairman '4� October 27, 2003 ITEM NO.: 6 (Cont. Ruck if any of the vehicles were insured. Mr. Brown responded that only the cars he drove were insured. Fred Gray asked how long the City would give Mr. Brown to remove the vehicles from the site. Monte Moore, of the Planning Staff, stated that it would be up to the Court to decide. There was discussion related to the issue of the use of the property and the appropriate motion to deal with the interpretative issue. There was additional discussion related to other properties in the area. Nola Ballinger, of the South of Asher Neighborhood Association, addressed the Board in opposition to the application. She expressed opposition to vehicles being stored on the property. She stated that the property was an eyesore. A motion was made to rule that the storage of vehicles on the R-3 zoned property is an acceptable residential use. The motion failed by a vote of 1 aye and 4 nays. Andrew Francis stated that the number of vehicles stored on the site goes beyond the scope of single family residential use. A second motion was made to rule that the storage of vehicles on the 1-2 zoned property is an acceptable use, without completing paving, landscaping and other required improvements. The motion failed by a vote of 0 ayes and 5 nays. 4