HomeMy WebLinkAboutZ-7615 Staff AnalysisMay 26, 2004
ITEM NO.: A
File No.:
Z-7615
Owner:
James Terry
Address:
2317 East 6th Street
Description:
The west 25 feet of Lot 15, Block 8, East
End Addition
Zoned:
1-3
Variance Requested:
Variances are requested from the area
provisions of Section 36-321 to allow
construction of a building with reduced
setbacks.
Justification:
The applicant's justification is presented
in an attached letter.
Present Use of Property:
Vacant Commercial Building
Proposed Use of Property:
Office
STAFF REPORT
A. Public Works Issues:
1. Drainage and Grading plans must be approved by Public Works
Engineering, David Hamilton (501) 244-5402, prior to construction. Do
not obstruct drainage from adjacent property to the west and the ditch
located in the 7th Street right-of-way.
B. Landscape and Buffer Issues:
Area set aside for buffers and landscaping appear to meet with ordinance
requirements.
C. Staff Analysis:
The 1-3 zoned property at 2317 E. 6th Street is occupied by a one-story
frame commercial building which is in a state of disrepair. The property is
located at the southwest corner of E. 6th and Calhoun Streets. The site
May 26, 2004
ITEM NO.: A (Cont.
contains no off-street parking. The remainder of the property is mostly
grass covered. The lot has dimensions of 25 feet wide and 144 feet deep.
The lot was originally platted as 50 feet wide, but the east 25 feet of the lot
was taken for Calhoun Street right-of-way at some point in the past.
The applicant proposes to remove the existing structure and construct a
20 foot by 30 foot building within the north Y2 of the property for use as an
office. The building will be located 40 feet from the front property line and
5 feet from the side (west) property line. The applicant proposes to locate
the building on the east property line with a 0 side setback.
As part of the lot redevelopment, the applicant proposes to construct two
(2) paved parking spaces on the south side of the proposed building. The
parking will be accessed by way of a new drive from Calhoun Street. The
proposed use of the building as office requires one (1) off-street parking
space.
Section 36-321(e)(1) of the City's Zoning Ordinance requires a minimum
front setback off 50 feet. Section 36-321(e)(2) requires side yard setbacks
(east and west sides) of 30 feet. Therefore, the applicant is requesting
variances from these ordinance standards.
Staff does not support the requested variances. Although staff recognizes
the fact that the right-of-way dedication for Calhoun Street cut the size of
the lot in half some time in the past, staff has informed the applicant that
the appropriate way to request a re -development plan for the property
would be through the PZD (Planned Zoning Development) rezoning
process. However, the applicant chose to file a variance application to the
Board of Adjustment. Staff's main reason for requesting the PZD process
be used is so that the use of the property could be tied down. The
applicant is proposing office use for the building. Other 1-3 permitted uses
(such as warehouse) require more parking. The Board of Adjustment
does not handle use issues and cannot restrict the use of the proposed
building, as the zoning controls the use. Staff suggests that the applicant
file a PZD rezoning application for the property, so that the use issues, as
well as other possible site design issues, can be addressed.
D. Staff Recommendations:
Staff recommends denial of the requested variances.
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May 26, 2004
NO.: A (Cont.
BOARD OF ADJUSTMENT:
(MAY 26, 2004)
Staff informed the Board that the "staff recommendation" had changed to
approval with the following conditions:
1. Compliance with the Public Works requirements as noted in paragraph
A. of the staff report.
2. Compliance with the City's Landscape and Buffer Ordinances.
3. Any future uses of the building which require (as per section 36-502)
more than two (2) off-street parking spaces, must be brought back to
the Board of Adjustment for a parking variance to be addressed.
The item was place on the Consent Agenda and approved as recommended by
staff by a vote of 4 ayes, 0 nays and 1 absent.
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