HomeMy WebLinkAbout07182013 ZBA Staff Report Docket 2013-03Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: July 1, 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. In 2009, the applicant requested and obtained a modification to the
2004 special exception to allow a temporary classroom at the site for up to two years. In 2011 and last
year, the applicant requested and obtained a special exception to allow up to 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, 2011 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 proposed classroom buildings
to five portable buildings. The applicant is asking for this special exception for a period of five years
based on the estimated attendance report included in the application packet. The two additional
buildings will be placed at the rear of the property near the other buildings, as shown in the attached
site plan.
The applicant appeared before the Building and Standards Commission(BSC) on June 6, 2013 and
requested a similar variance to the Chapter 18 regulations of the Code of Ordinances regarding
portable structures. The BSC granted the variance request for five buildings for five years.
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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 grant
the special exception, but the ZBA may not issue 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 special exception. In this case, the applicant has proposed a five -year temporary period.
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