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HomeMy WebLinkAboutZ-7961 Staff AnalysisNOVEMBER 28, 2005 ITEM NO.: File No.: Owner: Applicant: Address: Description Zoned: 6 Z-7961 Fritzi Drew Barnes James Fell 1905/1907 N. Polk Street East side of N. Polk Street, between Kavanaugh Blvd. And "R" Street R-4 Variance Requested: An administrative appeal is requested to allow the parking of a commercial trailer on residential property. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Duplex Proposed Use of Property: Duplex and Parking for a Commercial Trailer STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-4 zoned property at 1905/1907 N. Polk Street is occupied by a one- story brick and frame duplex structure. There is an alley along the east property line which is used for vehicular access to the property. There is a non -paved parking area for the duplex in the rear yard of the property. On August 29, 2005 the city's Enforcement Staff observed an enclosed commercial trailer parked in the rear yard of the property as the result of a citizen complaint. The trailer is 14 to 16 feet long and has "Pepperidge Farms" logos and advertising on the sides. A courtesy notice was issued to James NOVEMBER 28, 2005 ITEM NO.: 6 CON'T. Fell to cease parking the commercial trailer on the residential property, as per Section 36-512 of the City's Zoning Ordinance. On August 30, 2005 Mr. Fell submitted a letter to staff appealing the courtesy notice. Staff was unable to approve the appeal. On September 27, 2005 a warning notice was issued to Mr. Fell based on the fact that the trailer was still parked on the property and an appeal had not been filed with the Board of Adjustment by the filing deadline for the October meeting. Mr. Fell did subsequently file and is appealing the administrative denial to the Board of Adjustment. The applicant, James Fell, is requesting an appeal of the notices and administrative denial in order to park the commercial trailer on the residential property at 1905/1907 N. Polk Street. The Heights Neighborhood Association was notified of the public hearing. The Board of Adjustment is asked to determine if it is appropriate to allow the parking of the above described commercial vehicle on the R-4 zoned property at 1905/1907 N. Polk Street. As noted above, Mr. Fell 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. (8) Street sweepers and vehicle -mounted vacuum devices intended for the cleaning of streets or parking lots." NOVEMBER 28, 2005 ITEM NO.: 6 ICON'T. BOARD OF ADJUSTMENT: (NOVEMBER 28, 2005) James Fell, Fritzi Barnes and Thad Wells were present, representing the application. There were two (2) persons present in opposition. Staff presented the application. James Fell addressed the Board in support of the application. He explained that he has parked the trailer on the site for three (3) years. He noted that the tenant in the other half of the duplex had a large bucket truck which probably caused the initial citizen complaint. Fritzi Barnes also addressed the Board in support. She explained that Mr. Fell needed to park the trailer at the residence in conjunction with his job. Thad Wells, owner of the trailer, also addressed the Board in support. He also noted that Mr. Fell had parked the trailer at this location for three (3) years. He explained that the trailer was parked discretely behind the duplex structure. Chairman Francis asked Mr. Wells if he had other trailers. Mr. Wells noted that he had one (1) other trailer in Conway. Vice -Chairman Burruss asked where the trailer is loaded. Mr. Wells explained that they meet a semi truck in Benton each week to load the trailers. Trudie Cromwell, vice-president of the Heights Neighborhood Association, addressed the Board in opposition to the appeal. She noted that the Heights Neighborhood Action Plan addressed maintaining the residential nature of the area. She stated that if one person were allowed to park a commercial vehicle in a residential area others would probably follow. She noted that the trailer could probably be parked on the Kroger parking lot to the west. Kathy Johnson, President of the Heights Neighborhood Association, also addressed the Board in opposition. She explained that her association was opposed to the appeal. There was a brief discussion of the requested appeal and other possible locations in the area to park the trailer. There was a motion to approve the requested appeal. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. The appeal was denied. OCTOBER 31-,2005 ITEM NO.: 5 File No.: Z-7942�'��` Owner: Address: Description: Zoned: Roland K. Bizzel 3601 Katherine Street Southeast corner of West 36th and Katherine Streets R-2 Variance Requested: An administrative appeal is requested to allow parking of commercial vehicles in residential zoning. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential and parking of commercial vehicles. STAFF REPORT A. Public Works Issues: 1. For commercial traffic, construct commercial driveway to right- of-way line. Construct commercial driveway apron per Public Works detail PW -39 and PW -34 excluding sidewalk. B. Staff Analysis: The R-2 zoned property at 3601 Katherine Street contains a one-story frame single family residence. The property is located at the southeast corner of Katherine and West 36th Streets. There is a paved driveway from Katherine Street which serves as access. The vacant lot immediately to the south contains a second newly paved driveway and a new gravel parking area within the rear portion of the lot. On August 15, 2005 the City's Enforcement Staff observed two (2) large cargo trucks and a large fifth wheel cargo trailer parked on the gravel area on the vacant lot next to 3601 Katherine Street. A courtesy notice