HomeMy WebLinkAboutZ-9300 Staff AnalysisFEBRUARY 26, 2018
ITEM NO.: 3
File No.: Z-9300
Owner/Applicant- Magdalena Camacho Barrueta
Address: 6 Desha Street
Description: Northwest corner of Desha Street and Hatfield Drive
Zoned: R-2
Variance Requested: An administrative appeal is requested from Section 36-512 to
allow a commercial vehicle to be parked on a residential
zoned 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:
No Comments
B. Staff Analysis:
The R-2 zoned property located at 6 Desha Street is occupied by a one-story brick
and frame single family residence. The property is located at the northwest corner
of Desha Street and Hatfield Drive. A two -car wide driveway from Desha Street is
located at the northeast corner of the property. A second two -car wide driveway
from Hatfield Drive is located at the southwest corner of the lot. Magdalena
Camacho Barrueta is the property owner and applicant.
On December 18, 2017 the City's Zoning Enforcement staff issued a seven (7) day
Courtesy Notice to Magdalena Camacho Barrueta to cease parking/storing a
commercial vehicle at 6 Desha Street. Staff observed a 17 foot long white Ford box
truck parked on the site, on the driveway at the northeast corner of the property. The
truck is shown on the attached photos. The commercial truck has a load carrying
capacity of slightly over 3,000 pounds. Following are the specifications for the truck.
These specifications were noted by staff, as found on a specifications plate on the
inside door panel of the truck.
Empty Weight: 8,140 lbs.
Gross vehicle weight: 11,000 lbs.
Hitch rating: 6,000 lbs.
FEBRUARY 26, 2018
ITEM NO.: 3 (CON'T.) Z-9300
Cubic capacity: 849 Cu. Ft.
Payload: 3,060 lbs.
Section 36-512 of the City's Zoning Ordinance prohibits the parking of commercial
vehicles on land zoned for residential usage. Section 36-512 of the code is 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.
9) Mobile Canteen units.
The 17 foot long white Ford box truck has a load carrying capacity of slightly over
3,000 pounds or 1 Y2 tons as determined by staff. Therefore, the box truck is
considered a commercial vehicle as per the City's Zoning Ordinance.
On January 29, 2018 the owner of 6 Desha Street, Magdalena Camacho Barrueta,
filed as administrative appeal to the Board of Adjustment. The applicant is appealing
staffs determination that the vehicle is a commercial vehicle as defined by the
Zoning Ordinance. The Board is asked to determine if the staffs assessment and
classification of the vehicle as a commercial vehicle is correct.
BOARD OF ADJUSTMENT
(February 26, 2018)
Magdalena Camacho was present, representing the application. There were no objectors
present. Staff presented the application.
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FEBRUARY 26, 2018
ITEM NO.: 3 (CON'T.) Z-9300
Magdalena Camacho addressed the Board in support of the application. Ms. Camacho's
daughter served as interpreter for her. Ms. Camacho explained the use of the truck and
why she needed it to be parked at the residence. She explained that the truck is used for
storage and transport of merchandise to area flea markets. She noted that the truck is
only used on weekends.
Jeff Yates asked about the Board's consideration of this item. Staff explained that the
Board is to determine if staff was correct in classifying the truck in question as a
commercial vehicle as per the City's Zoning Ordinance. There was brief further
discussion.
There was a motion to approve the administrative appeal. The motion failed by a vote of
0 ayes, 5 noes and 0 absent. The administrative appeal was denied. Staff noted that
there is a 30 day appeal period and that any further enforcement will be suspended for
30 days, which will allow Ms. Camacho to find an appropriate place to park/store the
commercial truck.
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