HomeMy WebLinkAboutZ-7846 Staff AnalysisMAY 23, 2005
ITEM NO.: 6
File No.: Z-7846
Owner: DRB Enterprise
Applicant: Peter Beranek
Address: Northeast corner of Kavanaugh Boulevard and Monroe Street
Description: Next to 3000 Kavanaugh Boulevard
Zoned: C-3
Variance Requested: An administrative appeal is requested to allow placement
of a temporary building (snow cone stand).
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Parking Lot
Proposed Use of Property: Snow Cone Stand
STAFF REPORT
A. Public Works Issues:
1. No portion of the business activities should encroach into the right-
of-way or block the sidewalk.
B. Staff Analysis:
The property at the northeast corner of Kavanaugh Blvd. and Monroe
Street is zoned C-3 and contains a paved parking lot. The parking lot
serves the commercial building which is located across the paved alley
to the east, at the northwest corner of Kavanaugh Blvd. and Spruce
Street. The paved parking lot will accommodate 30 vehicles, including
the five (5) spaces on the east side of the alley. There is a billboard
located within the south portion of the property. A temporary structure
(snow cone stand) was recently placed on the property, along the south
property line under the billboard sign. The snow cone stand is located
within a 20 -foot by 20 -foot lease area and occupies two (2) paved
parking spaces.
MAY 23, 2005
ITEM NO.: 6 (CON'T.
Peter Beranek, owner of the snow cone stand, recently inquired of staff
the possibility of obtaining a permit to locate the temporary building on
the property. Staff informed Mr. Beranek that an application could not be
approved based on the fact that the site does not conform to the
minimum standards for the placement of temporary buildings. Staff's
procedure guidelines, including the minimum siting standards for the
placement of temporary buildings, are provided on an attached form for
Board of Adjustment review. The snow cone stand in, question has been
relocated to this property from the Masonic Lodge property at 2710
Kavanaugh Blvd. The applicant had to move from that property because
it is in the process of being sold. The Board of Adjustment approved an
administrative appeal to allow the snow cone stand at 2710 Kavanaugh
Blvd. for three (3) years on May 28, 2003.
As noted in paragraph C. of the attached procedure guidelines, staff's
review of the application ceases at the time certain circumstances exist.
This particular site does not conform to items 2, 3, 6 and 7 as noted in
paragraph C. The site is less than one (1) acre in size, and contains
less than 50 parking spaces. Additionally, the temporary building as
placed on the site does not meet the minimum 25 -foot front yard setback
as required in C-3 zoning. The building is also proposed for placement
on a site which does not contain an existing permanent building.
Mr. Beranek asks that he be granted a permit to allow the placement of
his snow cone stand at 2710 Kavanaugh Blvd. He notes in the attached
letter,
"The business was forced to move because the Masonic
Lodge is selling the property Cajun Sno previously sat upon.
The Hillcrest Neighborhood Association has informed me
they think Cajun Sno is part of their neighborhood and would
like it to stay."
Therefore, Mr. Beranek is requesting an appeal from the administrative
procedure/policy regarding the restrictions for the placement of a
temporary building on commercial property. If the Board decides to
allow the use of the temporary building on this site, the standards listed
in paragraphs D and E of the attached procedure guideline will still
apply, and Mr. Beranek and staff will need to follow through with the
application procedure.
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MAY 23, 2005
ITEM NO.: 6 (CON'T.
BOARD OF ADJUSTMENT: (MAY 23, 2005)
Peter Beranek was present, representing the application. There were two (2)
persons present in support. Staff presented the requested administrative
appeal.
Peter Beranek addressed the Board in support of the appeal. He noted that
this parking lot was larger than the lodge parking lot, and that the Kroger
Store had denied his request to locate on their property. He stated that most
of the traffic to the stand was foot traffic. He explained that the location of the
stand on the property was the safest place.
Chairman Francis noted that he had no problem with the placement of the
snow cone stand. He stated that his only concern was to make sure that the
step/deck structure associated with the snow cone stand was structurally
sound. He stated that building codes should approve the structure.
Dennis Burrow, President of the Hillcrest Merchant's Association, spoke in
support of the appeal, noting that the stand had been leveled.
There was a motion to approve the appeal, subject to the City's Building
Codes approving the step/deck structure. The motion passed by a vote of 4
ayes, 0 nays and 1 absent. The administrative appeal was approved.
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