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HomeMy WebLinkAboutZ-7997 Staff AnalysisFEBRUARY 27, 2006 ITEM NO.: 6 File No.: Z-7997 Owner: Rev. O.V. Harrison Address: 4112 West 14th Street Description: Northwest corner of West 14th and Elm Streets Zoned: R -3/R-4 Variance Requested: An administrative appeal is requested to allow parking of commercial vehicles on residential property. 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 STAFF REPORT A. Public Works Issues: 1. Access to lot must be taken using a driveway apron and curb cut. Access cannot be taken over curb. B. Staff Analysis: The R -3/R-4 zoned property at 4112 West 14th Street is occupied by a one- story frame single family residence. The property is located at the northwest corner of West 14th and Elm Streets. There is a two-story frame accessory structure immediately north of the residence, with three (3) carport structures in the rear yard area. The property occupies four (4) lots, with the east three (3) lots being vacant and fenced. There is a one -car wide driveway from West 14th Street which serves as access. The applicant has a commercial truck (large step van type) and three (3) flat bed trailers (2-8 foot and 1-16 foot) parked on the vacant lots east of the house. There is also a camper, a boat and several private passenger vehicles FEBRUARY 27, 2006 ITEM NO.: 6 (CON'T.) parked in and around the carport structures along the north property line. There is also a large amount of equipment and materials stored under and around the carport structures, as well as in the commercial truck and on the trailers. The applicant was recently issued a Courtesy Notice by the City's Zoning Enforcement staff. The notice was issued to cease the parking of commercial vehicles on the site (commercial truck and 3 trailers) and to cease the operation of a contractor's yard on residential property. Staff has since determined that there is no contractor's yard or business being operated on the property and is retracting the portion of the notice dealing with the storage of equipment, materials, etc. Staff believes these are the applicant's personal belongings. The applicant, Rev. O.V. Harrison, is appealing the courtesy notice with regards to parking commercial vehicles on the residential property. Rev. Harrison notes in the attached letter that he keeps his personal belongings in/on the commercial vehicles He notes that he is not a contractor and does not operate a business from 4112 West 14th Street. Rev. Harrison's church is a short distance from his residence and he uses much of the equipment and materials to help the church. Section 36-512 of the City's Zoning Ordinance prohibits the parking of commercial vehicles on residential property as follows: "(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. 2 FEBRUARY 27, 2006 ITEM NO.: 6 (CON'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." The Board of Adjustment is asked to determine if it is appropriate to allow the above described commercial vehicles to be parked on the residential property at and adjacent to 4112 West 14th Street. Please see the attached letter from Rev. O.V. Harrison explaining his use of the vehicles and the property. BOARD OF ADJUSTMENT: (FEBRUARY 27, 2006) Rev. O.V. Harrison was present, representing the application. There were no objectors present. Staff presented the appeal application. Rev. Harrison addressed the Board in support of the appeal. He explained that he has had a problem with people stealing his equipment and belongings and needed a place to store them. He explained that he did not operate a business and only worked on his church property. Chairman Francis noted that the commercial vehicles were not in keeping with the residential nature of the area. Rev. Harrison explained that there were no other places for him to park the vehicles. He noted that the vehicles were not used in conjunction with a business. He stated that he could construct a privacy fence to screen the vehicles. Cindy Dawson, City Attorney, asked Rev. Harrison if he could construct another accessory building on the site to store his belongings. Rev., Harrison explained that he needs a place to store and transport his equipment to the church. This issue was briefly discussed. Staff explained to the Board that conditions could be placed on appeal if approved. This issue along with the possible specific conditions was briefly discussed. There was a motion to approve the requested appeal to allow the parking of the commercial vehicles, subject to the following conditions: 1. The approval be only for the four (4) vehicles (1 van and 3 trailers) described in the "Staff Analysis". 2. The approval is only for Rev. O.V. Harrison as property owner. 3. The vehicles must be licensed in Rev. O.V. Harrison's name. 3 FEBRUARY 27, 2006 ITEM NO.: 6 (CON'T. 4. A six (6) foot high opaque wood fence must be constructed around the area used to park the commercial vehicles within six (6) months, or by August 27, 2006. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The appeal was approved with conditions. 0