HomeMy WebLinkAboutZ-7829 Staff AnalysisMAY 23, 2005
ITEM NO. C
File No.:
Owner:
Applicant:
Address:
Description
Zoned:
Z-7829
Willard and Marilee Williams
Mark S. Williams
2800 Longcoy Street
Southwest corner of Longcoy Street and West 28th Street.
R-3
Variance Requested: An administrative appeal is requested to allow parking of
a commercial vehicle in single family residential zoning.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Single Family Residential
The R-3 zoned property at 2800 Longcoy Street contains a one-story
frame single family residence. There is a two -car wide driveway from
Longcoy Street which serves as access. A concrete parking pad was
recently constructed along the south side of the house for parking a semi
tractor truck.
On February 15, 2005 the City's Enforcement staff observed the semi
tractor truck parked on the residential property. A courtesy notice was
issued to Mark Williams to cease parking the commercial vehicle on the
residential property, as per Section 36-512 of the City's Zoning
Ordinance. As per ordinance protocol, Mr. Williams appealed the
commercial vehicle notice to the Director of Planning and Development
on March 2, 2005. The appeal 'was subsequently denied. Therefore,
MAY 23, 2005
ITEM NO.: C (CON'T.
Mr. Williams is appealing the administrative denial to the Board of
Adjustment.
The applicant, Mark Williams, is requesting an appeal of the courtesy
notice and administrative denial in order to park the semi tractor truck on
the residential property at 2800 Longcoy Street. Mr. Williams notes in
the attached letter that the truck would be parked at 2800 Longcoy
Street approximately 48 hours every 14 days. Mr. Williams also notes
that a parking pad exists to accommodate the truck parking.
The Board of Adjustment is asked to determine if it is appropriate to
allow the parking of a semi tractor truck on the R-3 zoned property at
2800 Longcoy Street. Photos of the truck are attached for Board review.
As noted above, Mr. Williams was issued the notice for violation of
Section 36-512 of the City's Zoning Ordinance. Section 36-512 reads as
follows:
"Sec. 36-512. Commercial vehicle parking (prohibited).
(a) Except as provided herein, no portion of any lot, tract or
parcel of land zoned for residential usage, including districts
"R-1" through "R -7a" and "MF -6" through "MF -24," shall be
utilized for the parking of commercial vehicles with a load
carrying capacity of one (1) ton or greater.
(b) For the purposes of this section, the following types of
vehicles are expressly prohibited at any time.
(1) All commercial tow vehicles or vehicle carriers.
(2) Dump trucks, trash haulers, bulldozers and other
earth haulers or excavation equipment.
(3) Flatbed or stake bed trucks.
(4) Trailers whose designed intent is storage or transport
of material or equipment.
(5) Trucks or buses used in inter -or intrastate commerce.
(6) Vans, of one (1) ton or greater in load -carrying
capacity.
(7) School or church buses or vans of one (1) ton or
greater in load -carrying capacity.
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MAY 23, 2005
ITEM NO.: C ICON'T.
(7) School or church buses or vans of one (1) ton or
greater in load -carrying capacity.
(8) Street sweepers and vehicle -mounted vacuum
devices intended for the cleaning of streets or parking
lots."
BOARD OF ADJUSTMENT: (APRIL 25, 2005)
Staff informed the Board that the applicant requested to defer the application
to the May 23, 2005 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the May 23,
2005 Agenda by a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT: (MAY 23, 2005)
Mark Williams was present, representing the application. There were no
objectors present. Staff presented the requested administrative appeal.
Mark Williams addressed the Board in support of the application. He noted
that he had improved the property, constructing a parking pad for the truck.
He stated he did not know that parking the truck at the residence was a
violation of City Ordinance. He noted that he had no other place to park the
truck. He stated that there were other commercial vehicle violations in the
neighborhood and presented photos to the Board. He stated that no
mechanical work would be done on the truck at the residence.
Chairman Francis asked about commercial vehicles parked on the street.
Staff noted that zoning goes to the centerline of the street and that it was a
violation to park a commercial vehicle on the street in residential areas.
Chairman Francis explained that he would have a hard time supporting the
appeal. He noted that it was difficult to use other violations as grounds to
approve an appeal or variance.
David Wilbourn noted that he was impressed with the improvements
Mr. Williams had made to the property.
Mr. Williams explained that he had no other place to park the truck.
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MAY 23, 2005
NO.: C (CON'T_
There was a brief discussion of allowing Mr. Williams time to find another
location to park the truck.
There was a motion to deny the requested appeal and grant 90 days to find
an alternate location (properly zoned) to park the commercial vehicle. The
motion passed by a vote of 3 ayes, 1 nay and 1 absent. The appeal was
denied.
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