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HomeMy WebLinkAboutZ-8257 Staff AnalysisSEPTEMBER 24, 2007 ITEM NO.: File No.: Z-8257 Owner/Applicant: Ellen Golden Address: 5701 Kavanaugh Blvd. Description: Lots 1 and 2, Block 6, Mountain Park Addition Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36- 301, the parking provisions of Section 36-502 and the use of right-of-way provisions of Section 36-505 to allow building additions with reduced setbacks, reduced number of parking spaces and parking that backs into the right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Antique Shop, Florist and Beauty Shop . Proposed Use of Property: Branch Bank, Antique Shop and Florist STAFF REPORT A. Public Works Issues: 1. Per Sec. 32-311, it is unlawful for any person to park, stand or stop a vehicle in any alley except for commercial purposes and then only for such time as necessary to load and unload the vehicle. Commercial vehicles parked in an alley for loading and unloading shall be clearly identified with permanent signage on the exterior of the vehicle indicating the name and address of the business. Under no circumstances shall a vehicle be parked or stopped in an alley in such a manner as to have less than 10 ft of available roadway width for the free movement of vehicular traffic, or to block the driveways of abutting properties. Therefore, the proposed drive- thru will cause bank customers' vehicles to stop and stack in the public alley to wait service and block the driveway to the west. Public works does not recommend approval of the proposed drive-thru. 2. Even though head -in parking is located to the north of the proposed location and vehicles park in the right-of-way at that location, head in parking in the right-of-way and backing out onto public streets is prohibited from commercial developments. It is unknown when the existing parking to the north was installed. This type of parking and maneuvering of SEPTEMBER 24, 2007 ITEM NO.: 1 (CON'T. vehicles creates unsafe conditions for motorists and pedestrians. Public Works does not recommend approval of the head -in parking. B. Staff Anal\/sis: The C-3 zoned property at 5701 Kavanuagh Blvd. is occupied by two (2) commercial buildings which occupy almost the entirety of the lot. The property is located at the southwest corner of Kavanuagh Blvd. and N. Fillmore Street. The larger of the two buildings is located within the north portion of the property. The south portion of this building is two (2) stories in height, with the north portion being one (1) story with a curved metal roof. There is a smaller one-story building within the south portion of the lot which is separated by less than one (1) foot from the larger building. There is a small porch area located on the east side of the larger building, with head -in parking from N. Fillmore Street adjacent to the porch area. There is additional on -street parking located along both sides of N. Fillmore Street as well as Kavanaugh Blvd. There is also a 20 foot alley right-of-way along the south property line. The applicant proposes to construct a second floor addition (approximately 1,200 square feet) to the southernmost building and connect it to the existing second story portion of the northern building. The applicant also proposes to construct a shed dormer to cantilever over the existing porch area on the east side of the north building. The east vertical wall will line up with the existing eastern walls of the existing structure. This addition will add 788 square feet of upstairs storage for the existing antique store. Additional head -in parking from Fillmore Street is also proposed adjacent to the south building. A drive-thru window for a branch bank is proposed on the south wall of the south building, accessed from the alley. New curbing is proposed along the alley to direct traffic to the drive-thru window. All of the proposed improvements are shown on an attached site plan. The applicant is requesting four (4) variances with the proposed development plan for the property. The first variance is from Section 36-301(e)(2) of the City's Zoning Ordinance. This section requires a minimum street side setback of 25 feet. The applicant is proposing to maintain the existing zero (0) street side setback for the shed dormer addition and 4.5 foot setback for the second story addition to the south building. The second variance is from Section 36-301(e)(3), which requires a minimum rear setback of 25 feet. The applicant is proposing to maintain the existing 8.5 foot rear setback for the second floor addition to the south building. The next variance is from Sections 36-502(b)(2)g/(b)(3)a. which requires an additional five (5) off-street parking spaces for the additional building area as noted previously. The applicant is proposing no new off-street parking, as there is no room on the site to provide off-street parking. The applicant is proposing four (4) new head -in parking spaces within the Fillmore Street right- of-way, adjacent to the south building. SEPTEMBER 24, 2007 ITEM NO.: 1 (CON'T. The final variance is from Section 36-505. This section states that no portion of any public street right-of-way shall be considered as fulfilling or partially fulfilling the off-street parking requirements of the code. This section further allows "no parking bays" in the right-of-way except for residential streets. As noted earlier, the applicant is proposing four (4) new head -in parking spaces within the Fillmore Street right-of-way, adjacent to the south building. Staff does not support the requested variances. Although staff does not necessarily oppose the requested setback variances, the Public Works staff does not support the addition of a drive-thru window with utilization of the alley right-of-way and the head -in parking from Fillmore Street. Staff believes the drive-thru window will create unsafe vehicular maneuvering within the alley right-of-way and potentially block the parking behind the building(s) immediately to the west. Additionally, Fillmore Street is a fairly busy commercial street with parking on both sides. Staff believes additional parking backing out into the right-of-way will create an unsafe situation. Staff believes the project, as proposed, will have an adverse impact on the adjacent properties and rights -of -way. C. Staff Recommendation: Staff recommends denial of the requested variances. BOARD OF ADJUSTMENT: (SEPTEMBER 24, 2007) The applicant was present. There were no objectors present. Staff presented the item, noting that the application had been revised by the applicant. Staff explained that the applicant had eliminated the additional head -in parking from Fillmore Street and the drive-thru window (south side of south building) from the proposed site plan. Staff recommended approval of the revised application (setback and parking variances), subject to the following conditions: 1. The dormer addition to the north building is to be used as storage space only. 2. No portion of either building (with additions) will be utilized as a restaurant use. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as revised and recommended by staff by a vote of 5 ayes and 0 nays. SEPTEMBER 24, 2007 ITEM NO.: File No.: Z-8257 Owner/Applicant: Ellen Golden Address: 5701 Kavanaugh Blvd. Description: Lots 1 and 2, Block 6, Mountain Park Addition Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36- 301, the parking provisions of Section 36-502 and the use of right-of-way provisions of Section 36-505 to allow building additions with reduced setbacks, reduced number of parking spaces and parking that backs into the right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Antique Shop, Florist and Beauty Shop Proposed Use of Property: Branch Bank, Antique Shop and Florist STAFF REPORT A. Public Works Issues: 1. Per Sec. 32-311, it is unlawful for any person to park, stand or stop a vehicle in any alley except for commercial purposes and then only for such time as necessary to load and unload the vehicle. Commercial vehicles parked in an alley for loading and unloading shall be clearly identified with permanent signage on the exterior of the vehicle indicating the name and address of the business. Under no circumstances shall a vehicle be parked or stopped in an alley in such a manner as to have less than 10 ft of available roadway width for the free movement of vehicular traffic, or to block the driveways of abutting properties. Therefore, the proposed drive- thru will cause bank customers' vehicles to stop and stack in the public alley to wait service and block the driveway to the west. Public works does not recommend approval of the proposed drive-thru. 2. Even though head -in parking is located to the north of the proposed location and vehicles park in the right-of-way at that location, head in parking in the right-of-way and backing out onto public streets is prohibited from commercial developments. It is unknown when the existing parking to the north was installed. This type of parking and maneuvering of SEPTEMBER 24, 2007 ITEM NO.: 1 (CON'T. vehicles creates unsafe conditions for motorists and pedestrians. Public Works does not recommend approval of the head -in parking. B. Staff Analysis: The C-3 zoned property at 5701 Kavanuagh Blvd. is occupied by two (2) commercial buildings which occupy almost the entirety of the lot. The property is located at the southwest corner of Kavanuagh Blvd. and N. Fillmore Street. The larger of the two buildings is located within the north portion of the property. The south portion of this building is two (2) stories in height, with the north portion being one (1) story with a curved metal roof. There is a smaller one-story building within the south portion of the lot which is separated by less than one (1) foot from the larger building. There is a small porch area located on the east side of the larger building, with head -in parking from N. Fillmore Street adjacent to the porch area. There is additional on -street parking located along both sides of N. Fillmore Street as well as Kavanaugh Blvd. There is also a 20 foot alley right-of-way along the south property line. The applicant proposes to construct a second floor addition (approximately 1,200 square feet) to the southernmost building and connect it to the existing second story portion of the northern building. The applicant also proposes to construct a shed dormer to cantilever over the existing porch area on the east side of the north building. The east vertical wall will line up with the existing eastern walls of the existing structure. This addition will add 788 square feet of upstairs storage for the existing antique store. Additional head -in parking from Fillmore Street is also proposed adjacent to the south building. A drive-thru window for a branch bank is proposed on the south wall of the south building, accessed from the alley. New curbing is proposed along the alley to direct traffic to the drive-thru window. All of the proposed improvements are shown on an attached site plan. The applicant is requesting four (4) variances with the proposed development plan for the property. The first variance is from Section 36-301(e)(2) of the City's Zoning Ordinance. This section requires a minimum street side setback of 25 feet. The applicant is proposing to maintain the existing zero (0) street side setback for the shed dormer addition and 4.5 foot setback for the second story addition to the south building. The second variance is from Section 36-301(e)(3), which requires a minimum rear setback of 25 feet. The applicant is proposing to maintain the existing 8.5 foot rear setback for the second floor addition to the south building. The next variance is from Sections 36-502(b)(2)g/(b)(3)a. which requires an additional five (5) off-street parking spaces for the additional building area as noted previously. The applicant is proposing no new off-street parking, as there is no room on the site to provide off-street parking. The applicant is proposing four (4) new head -in parking spaces within the Fillmore Street right- of-way, adjacent to the south building. ' SEPTEMBER 24, 2007 ITEM NO.: 1 (CON'T. The final variance is from Section 36-505. This section states that no portion of any public street right-of-way shall be considered as fulfilling or partially fulfilling the off-street parking requirements of the code. This section further allows "no parking bays" in the right-of-way except for residential streets. As noted earlier, the applicant is proposing four (4) new head -in parking spaces within the Fillmore Street right-of-way, adjacent to the south building. Staff does not support the requested variances. Although staff does not necessarily oppose the requested setback variances, the Public Works staff does not support the addition of a drive-thru window with utilization of the alley right-of-way and the head -in parking from Fillmore Street. Staff believes the drive-thru window will create unsafe vehicular maneuvering within the alley right-of-way and potentially block the parking behind the building(s) immediately to the west. Additionally, Fillmore Street is a fairly busy commercial street with parking on both sides. Staff believes additional parking backing out into the right-of-way will create an unsafe situation. Staff believes the project, as proposed, will have an adverse impact on the adjacent properties and rights -of -way. C. Staff Recommendation: Staff recommends denial of the requested variances. BOARD OF ADJUSTMENT: (SEPTEMBER 24, 2007) The applicant was present. There were no objectors present. Staff presented the item, noting that the application had been revised by the applicant. Staff explained that the applicant had eliminated the additional head -in parking from Fillmore Street and the drive-thru window (south side of south building) from the proposed site plan. Staff recommended approval of the revised application (setback and parking variances), subject to the following conditions: 1. The dormer addition to the north building is to be used as storage space only. 2. No portion of either building (with additions) will be utilized as a restaurant use. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as revised and recommended by staff by a vote of 5 ayes and 0 nays.