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HomeMy WebLinkAboutZ-7859 Staff AnalysisJULY 25, 2005 ITEM NO.: D File No.: Z-7859 Owner: Ken and Mike Cox Applicant: Terry Burruss Address: 8610 Geyer Springs Road Description: West side of Geyer Springs Road, North of Baseline Road Zoned: C-3 Variance Requested: A variance is requested from the development provisions of Section 36-301 to allow outdoor storage/display. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Pawn Shop Proposed Use of Property: Pawn Shop with outdoor storage/display STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: Because there is not a building expansion proposed, no upgrade in landscaping is required. In the C-4 open display district that allows outdoor storage, all outdoor storage must be screened by a permanent opaque screening fence or wall so that it cannot be seen from an adjoining lot. Automobile, truck, tractor, mobile home, boat or motorcycle sales areas are not required to screen fully assembled merchandise ready for sale. JULY 25, 2005 ITEM NO.: D CON'T. C. Staff Analysis: The C-3 zoned property at 8610 Geyer Springs Road is occupied by a one-story commercial building which houses a pawn shop business. The building was originally constructed as a McDonald's Restaurant. There are two (2) driveways from Geyer Springs Road which serves as access. There is paved parking on the north, south and east sides of the building. The building was recently remodeled for the new pawn shop use. With the remodeling, the rear portion of the parking lot (from the rear wall of the building to the rear property line) was fenced for the outdoor storage of large items (vehicular, etc.). When the City's Enforcement staff became aware of the outdoor storage area, a Courtesy Notice was issued to cease the outdoor use. Section 36-301(b) of the City's Zoning Ordinance requires that all commercial uses in the C-3 zoning district be restricted to closed buildings, except parking lots, seasonal and temporary sales per Section 36-298(4), and the normal pump island services of service station operations. Therefore, the applicant is requesting a variance to allow the area of outdoor storage of large items associated with the pawn shop use. Staff is not supportive of the requested variance. Although the applicant has done a very good job in rehabilitating the existing building and front parking area, staff feels that the outdoor storage area proposed is inappropriate for this area of enclosed commercial and office uses along Geyer Springs Road. Staff feels that the introduction of an outdoor commercial use could be a detriment to the future development and redevelopment of property in this area along Geyer Springs Road. Staff also has concerns with the upkeep of an outdoor storage area as the one proposed. Staff feels that this type of outdoor storage could quickly become an eye sore and provide difficulty in enforcement. D. Staff Recommendation: Staff recommends denial of the requested variance to allow outdoor storage. BOARD OF ADJUSTMENT: (JUNE 27, 2005) Staff informed the Board that the applicant requested to defer the application to the July 25, 2005 Agenda. Staff supported the deferral request. 2 JULY 25, 2005 ITEM NO.: D (CON'T. The item was placed on the Consent Agenda and deferred to the July 25, 2005 Agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (JULY 25, 2005) Ken Cox was present, representing the application. There were two (2) persons present in opposition. Staff presented the item with a recommendation of denial. Ken Cox addressed the Board in support of the application. Mr. Cox briefly explained the redevelopment of the property. He submitted a list to the Board of items which would be stored in the rear fenced area and items which would not be located in that area (attached to a July 22, 2005 letter submitted by Terry Burruss). He explained that his pawn shop was a quality operation. He briefly discussed possible conditions included in a letter submitted by Pam Adcock dated July 25, 2005. These conditions were briefly discussed by the Board. Pam Adcock, of the Cloverdale Neighborhood Association, addressed the Board in opposition. She explained that the outdoor storage use would be detrimental to future development and redevelopment along Geyer Springs Road. She discussed possible conditions to be placed on the outdoor storage area. Mr. Cox explained that redevelopment of the property was a quality development. There was additional discussion of the outdoor storage area. Troy Laha, of the Southwest Little Rock United for Progress, also addressed the Board in opposition. He explained that SWLR UP opposed businesses with outdoor storage in Geyer Springs area. He expressed concern with vehicles being left in the front parking lot overnight and with outdoor vendors/peddlers. He noted that the sidewalk in front of the business was not in good condition. There was a brief discussion of the type of lighting on the property. Mr. Cox explained that it was parking lot lighting that existed on the property when McDonalds occupied the building. Mr. Cox noted that the lighting could be shielded to direct the light to the parking/outdoor storage area and not onto the adjacent property. The issue of conditions which could be placed on the application was discussed at length. As a result of the discussion, a motion was made to approve the application, subject to the following conditions: 3 JULY 25, 2005 ITEM NO.: D (CON'T.) 1. An eight (8) foot high good neighbor privacy fence must be installed around the perimeter of the outdoor storage area. The fence must be located on the property line. The gates must be kept closed during business hours. 2. The parking lot lighting is to be shielded and directed downward and inward to the site. 3. There is to be no outdoor security alarm. 4. There is to be no installation or repair work done on the property. 5. Trash pick-up must be done during daylight hours only. 6. Compliance with the list of items to be stored in the outdoor storage area as presented with the letter from Terry Burruss dated July 22, 2005. 7. There is to be no outdoor vendors/peddlers on the property. This does not include charity car washes or similar events. 8. There is to be no overnight parking of vehicles in the front parking area. 9. All vehicular use areas must be paved. 10. The eight (8) foot high privacy fence along the west property line must be constructed within 30 days. All other improvements are to be completed within six (6) months. 11.The variance is approved for Boll Weevil Pawn Shop only. If this business vacates the property the approved variance will become null and void. Any future businesses would have to seek approval from the Board for outdoor storage/display use. The motion passed by a vote of 3 ayes, 0 nays, 1 recusal (Burruss) and 1 open position. The application was approved. 4