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HomeMy WebLinkAboutZ-8392 Staff AnalysisJANUARY 26, 2009 ITEM NO.: A File No.: Z-8392 Owner: Derotha Webb Applicant: Ron Woods Address: 1114 Jefferson Street Description: Part of Lot 6, Block 29, Cunningham's Addition Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow the use of an existing commercial building with no off-street parking. Justification: The applicant's justification is presented in an attached letter, Present Use of Property: Vacant Commercial Building Proposed Use of Property: Neighborhood Resource Center STAFF REPORT A. Public Works Issues: No Comments B. Staff Anal sis: The C-3 zoned property at 1114 Jefferson Street is occupied by a one-story commercial building. The building is approximately 1,512 square feet in area and occupies almost the entire 49 foot by 50 foot commercial lot. The property is comprised of the north 49 feet of Lot 6, Block 29, Cunningham's Addition, and has a separate owner than the remainder of the lot. The building has a history of use as some form of commercial business (not a restaurant or similar type use). The property has no off-street parking. On -street parking is allowed in the area. The applicant is proposing to use the existing building as an "event/meeting center". Section 36-502(b)(3)c. of the City's Zoning Ordinance would require a minimum of 15 off-street parking spaces for this type use (1 space per 100 square feet of gross floor area). Therefore, the applicant is requesting a variance from this ordinance requirement for use of the building with no off-street parking. JANUARY 26, 2009 ITEM NO_: A (CON'T. Staff is not supportive of the requested parking variance and proposed use of the property. The applicant is proposing a use which requires the highest level of off-street parking. Office use of the property would require three (3) off- street parking spaces and retail commercial uses would require five (5) spaces. Staff could support a parking variance to allow office or retail use of the building, but not a use which requires one (1) space per 100 square feet of gross floor area. The use of the building as proposed by the applicant could create a large amount of after-hours parking which would encroach into the single family neighborhood to the north. Office or retail use of the property would require a much smaller parking demand and would typically be day time uses. Staff believes use of the building as proposed with no off-street parking would have an adverse impact on the adjacent properties and neighborhood to the north. C. Staff Recommendation: Staff recommends denial of the requested parking variance, as filed. BOARD OF ADJUSTMENT: (SEPTEMBER 29, 2008) Staff informed the Board that the application needed to be deferred to the October 27, 2008 Agenda based on the fact that the applicant failed to complete the notifications to surrounding property owners as required. The item was placed on the Consent Agenda and deferred to the October 27, 2008 Agenda as recommended by staff with a vote of 5 ayes and 0 nays. BOARD OF ADJUSTMENT: (OCTOBER 27, 2008) Staff informed the Board that the applicant requested the application be deferred to the November 24, 2008 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the November 24, 2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent. Staff Update: The applicant submitted additional information to staff on November 6, 2008. The applicant notes that approval has been received from the adjacent owner of 4700/4710 W. 12th Street (Ugly Mike's Records) to use the 26 existing parking spaces on that site. The site is located immediately west of and adjacent to the property in question (1114 Jefferson Street). The applicant notes that the business at 4700/4710 W. 12th Street will close at 5:00 P.M. daily and that there will be no use of the building at 1114 Jefferson Street before 5:00 P.M. daily. According to the applicant there will be no simultaneous use of the two (2) properties, freeing all 26 parking spaces at JANUARY 26, 2009 ITEM NO.: A (CON'T. 4700/4710 W. 12" Street for use by the owner of 1114 Jefferson Street. The applicant has submitted a copy of a lease agreement between the two (2) property owners for the parking spaces. The lease agreement does not specify a length of time for the parking use. Staff continues to have reservations regarding the proposed use of the commercial building at 1114 Jefferson Street. Staff believes it would be very difficult to police (by the property owner or City Staff) parking for this commercial use, assuring that the adjacent parking lot at 4700/4710 W. 12th Street is utilized. Staff continues to believe that after-hours parking could very easily encroach into the single family neighborhood to the north. As of this writing, staff's recommendation of denial of the requested parking variance remains unchanged. Staff has also received letters of opposition from several nearby residents. The letters are attached for Board review. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2008) Ron Woods and Derotha Webb were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Ron Woods addressed the Board in support of the application. He presented the Board with a site plan and a floor plan for the project. He explained that the area of the building left for events was very small, after construction of a kitchen, bathroom and office space. He noted that would be a paved walkway from the adjacent parking at 4700/4710 W. 12th Street to the building at 1114 Jefferson Street. Derotha Webb also addressed the Board in support of the application. She described the use of the building as a "resource center" for the community. She explained that the building had been upgraded with a new roof, windows and doors. She further described who will use the building. Chairman Burruss noted that the use of the building was described as an "event center" on the application form. This issue was briefly discussed. Scott Smith asked about the floor plan as presented by the applicant. He noted that the plan showed a full -service, restaurant -style kitchen. Ms. Webb explained that she wanted to provide meals to persons using the facility. The issue of parking was discussed with relation to the use of the adjacent buildings. James Van Dover asked about funding for the project. Ms. Webb explained that it was a non-profit venture. The use of the building was discussed further. JANUARY 26, 2009 ITEM NO.: A (CON'T. Staff suggested the application be deferred in order to clarify use of the building and possible conditions to be placed on the property. The need for a deferral was discussed. The applicants indicated that a deferral would be acceptable. There was a motion to defer the application to the January 26, 2009 agenda. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. Staff Update: Staff met with the applicants, Ron Woods and Derotha Webb, on January 14, 2009 and discussed the proposed use of the property/building at 1114 Jefferson Street. The applicant notes that the building will be utilized as a "neighborhood resource center" (non-profit organization) to serve the community. The resource center will have programs designed to aid youth (tutoring, summer programs, programs for youth with behavioral problems, etc.), parents (single parents, low income parents, parenting classes, etc.), senior citizens and church groups. The applicant notes that the resource center will be working/partnering with other organizations in the area such as Stop the Violence and the Black Community Developers. There will typically be two (2) volunteer staff persons at the resource center. The staff will help individuals in the area who have certain problems find the appropriate program(s) to suit their needs. The center will typically open at 3:00 p.m. and extend not past 10:00 p.m., Monday through Friday. The center will be open most of the day on Saturdays, extending not past 10:00 p.m. The center will be used on Sundays only on an as needed basis. The applicant also notes that the building at 1114 Jefferson Street will only be used by the resource center. It will not be rented to individuals for special events. The resource center may occasionally host a special event (fish fry, etc.) to raise money for this non-profit organization. As noted previously, the applicant has permission from the adjacent property owner (to the west) at 4700/4710 W. 12th Street to use the existing 26 parking spaces on that site. The applicant has noted that the spaces can be used by the resource center at any time. The applicant also notes that there will be a pedestrian walkway between the adjacent parking and resource center. With respect to the Kitchen area shown by the applicant on a proposed floor plan, the applicant notes that the kitchen will only be used to serve meals to persons involved in classes, programs, etc. at the resource center. The kitchen may be used on occasion (for example Thanksgiving or Christmas) to take meals to persons in the area who are in need. The applicant notes that the kitchen will not be used for a commercial restaurant. Staff is now supportive of the requested parking variance in conjunction with the proposed use of the building at 1114 Jefferson Street as described in this "staff update." With operation of the neighborhood resource center as described by JANUARY 26, 2009 the applicant, and adhering to the conditions as noted in the next paragraph (Revised Staff Recommendation), Staff believes the use of the property with a parking variance will have no adverse impact on the adjacent properties or the general area. Clarifying the use of the property as described by the applicant eliminates Staff's original concern related to after-hours use of the property and parking extending into the residential neighborhood to the north. Revised Staff Recommendation: Staff recommends approval of the requested parking variance in conjunction with the operation of a "neighborhood resource center" at 1114 Jefferson Street, subject to the following conditions: 1. Use of the property is limited to a "neighborhood resource center" as described by the applicant 2. The building cannot be rented or loaned to any other individual, group or organization for special events. 3. The applicant must encourage patrons of the center to park in the adjacent lot at 4700/4710 W. 12th Street. Sign(s) should be placed in front of the building (east side) at 1114 Jefferson Street directing patrons to the parking lot. 4. The pedestrian walkway along the south side of the building at 1114 Jefferson Street must be connected to the adjacent parking lot to the west, 5. The kitchen facility within the building at 1114 Jefferson Street shall only be used to serve the resource center use. The kitchen facility shall not be used in conjunction with a restaurant, take-out or catering use. 6. Activities of the resource center must conclude by 10:00 p.m. daily. BOARD OF ADJUSTMENT: (JANUARY 26, 2009) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff with a vote of 5 ayes and 0 nays.