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HomeMy WebLinkAboutZ-8859 Staff AnalysisJUNE 24, 2013 ITFM NO. - A File No.: Z-8859 Owner/Applicant: Kevin L. Smith Address: 3730 E. 36th Street Description: North side of E. 36th Street, between Geneva Street and Bud Lane Zoned: R-3 Variance Requested: Requested appeal of the Planning Staff's determination that a commercial vehicle (dump truck) cannot be parked on an R-3 zoned property. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Parking for Commercial Vehicle Dump Truck STAFF REPORT A. Public Works Issues: No Comment. B. Staff Analysis: The R-3 zoned property at 3730 E. 36th Street is undeveloped and grass covered. The property is located at the northwest corner of E. 36th Street and Geneva Street, in the College Station Community of Little Rock. An old asphalt/concrete driveway is located from Geneva Street at the northeast corner of the property. A small storage building is located at the northwest corner of the property. The property owner, Kevin Smith, has been parking a Kenworth T600 tri-axle dump truck on the existing asphalt/concrete driveway. On March 14, 2013, Kevin Smith was issued a Courtesy Notice letter to cease the parking of the commercial dump truck on the R-3 zoned property at 3730 E..36th Street within seven (7) days. The violation was observed by staff during a routine survey of the area. On March 22, 2013, Kevin Smith submitted a letter to Tony Bozynski, Director of Planning and Development appealing the notice, requesting the continued parking of the commercial dump truck on the R-3 zoned property. On April 2, 2013, Mr. Bozynski issued a letter to Mr. Smith denying the requested appeal to park the commercial dump truck at 3730 E. 36th Street. On April 18, 2013, Mr. Smith filed an appeal of Mr. Bozynski's decision to the Board of Adjustment, requesting continued use of the R-3 zoned property at 3730 E. 36th Street for the parking of the commercial dump truck. JUNE 24, 2013 ITEM NO.: A (CON'T. Section 36-512 of the City's Zoning Ordinance prohibits the parking of commercial vehicles in residential zoning 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 intra state 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." The Board of Adjustment is asked to determine if staff was incorrect in denying the requested appeal and, if it is appropriate to allow Kevin Smith to continue to park the commercial vehicle (dump truck) on the R-3 zoned property at 3730 E. 36tn Street. BOARD OF ADJUSTMENT: (May 20, 2013) Staff informed the Board that the applicant contacted staff on May 20, 2013 and requested the application be deferred to the June 24, 2013 agenda. Staff supported the deferral request, noting that it would be the only deferral supported. The item was placed on the Consent Agenda and deferred to the June 24, 2013 Agenda with a vote of 4 ayes, 0 nays, and 1 absent. JUNE 24, 2013 ITEM NO.: A (CON'T. BOARD OF ADJUSTMENT: (June 24, 2013) Kevin Smith was present, representing the application. There were no objectors present. Staff presented the appeal request. Kevin Smith addressed the Board in support of the application. He explained that his father had parked a large truck on the property for a number of years. He noted that the neighbors had no problem with his truck being parked on the lot. He noted that family members lived in the immediate area and watched the truck. Rajesh Mehta asked if parking the truck on the property could be non -conforming. Staff explained that Mr. Smith would have to supply written documentation showing that a commercial truck had been parked on the site since the time the City established zoning jurisdiction in the area. This issue was briefly discussed. Vice -Chair Smith asked if Mr. Smith could file a CUP or PZD application to allow the truck to be parked on the property. Staff explained that Mr. Smith could apply to rezone the property to a PZD designation. Chairman Yates explained that he did not support Mr. Smith's appeal. There was a motion to approve the requested appeal of staffs decision. The motion failed by a vote of 0 ayes, 5 nays and 0 absent. The appeal was denied. There was a second motion to allow 60 days for a PZD application to be filed or for the truck to cease being parked on the subject property. The motion passed by a vote of 5 ayes, 0 nays and 0 absent.