HomeMy WebLinkAbout06202013 ZBA Staff Report 2013-03 3756 UniversityMemo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: June 10, 2013
Re: Staff Report for Docket 2013 -03
The applicant in Docket 2013 -03, 3756 University Boulevard, is requesting a special exception from
Table 7 -1, Note 3 of Appendix A of the Citv Code of Ordinances, to be allowed to add five temporal
portable classroom buildings to the West Universitv Place Elementary School site. The period
reauested is for five vears.
Background Information
In 2004, the applicant requested and obtained a special exception to authorize public school use with
accessory uses in a single - family district There was a specific written "scope" (and a site plan)
describing the applicability of the special exception to existing uses, uses during construction, and
proposed uses after construction. The applicant requested and obtained a modification to the 2004
special exception to allow atemporary classroom at the site for up to two years. Last year, the
applicant requested and obtained a special exception to allow three temporary classrooms at the site
for one year.
Staff Response
The original decision in Docket 04 -12 specifically limited the uses of the existing and proposed
structures to that which was labeled in a site plan attached to the decision. No proposed temporary
classrooms were on the site plan. This necessitated the subsequent requests in 2009 and 2012. Since
the latter was granted for a period of one year only, the applicant must obtain a special exception for
the existing and proposed classrooms, bringing the total number of classroom buildings to five
portable buildings. The applicant is asking for this special exception for a period of five years based
on the attendance trajectory included in the application packet. The two additional buildings will also
be placed at the rear of the property as shown in the attached site plan.
The applicant appeared before the Building and Standards Commission on June 6, 2013 and requested
a variance to Chapter 18 regulations regarding portable structures contained there, and were granted
the variance.
Staff believes that in order to place the temporary classrooms on the site, the applicant must obtain a
special exception for additional accessory uses. Staff believes that the ZBA has the authority to rant the
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special exception, but the ZBA may not issue or modify a special exception per section 11- 102(b)
unless all of the following circumstances are present: (i)The proposed special exception will not cause
any significant increase in on- street parking; (ii) the proposed special exception will not cause any
substantial traffic congestion; (iii) the proposed special exception will not cause any substantial increase
in traffic; (iv) the proposed special exception will not cause an unreasonable burden upon utility
systems or upon any other public facility or public service; (v) the proposed special exception is
consistent with, and in harmony with, the general purpose and intent of the Zoning Ordinance.
In addition, the ZBA must find that the accessory use and structure, as specified and limited by this
decision, is: (i) subordinate and incidental to a lawful principal building and use on the same building
site, and (ii) necessary or convenient for a lawful principal use of such building.
A specific time limit can also be placed on the use of the temporary classroom building as a condition
of the modification to the special exception. In this case, the applicant has proposed a five -year
temporary period.
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