HomeMy WebLinkAbout08202009 ZBA DKT 2009-08 STAFF REPORT 4
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: August 16, 2009
Re: Staff Report for Docket 09-08
The applicant in Docket 09-08 3756 University Boulevard is requesting a modification of the special
exception issued in Docket 04-12 on September 16, 2004 The applicant is requesting to be allowed to
add a temporary portable classroom building to the West University Place Elementary School site
The temporM period requested is one year.
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. This application was one of several submitted and heard in
conjunction with a major remodeling and addition project for West University Elementary School.
There was a specific written "scope" (and a site plan) describing the applicability of the special
exception to existing uses, uses during constriction, and proposed uses after construction. A major
condition written into the decision limited the special exception to the "use" regulations contained in
Table 7-1. Other ordinance sections (such as Chapter 18 regulations of portable buildings and other
strictures) were not included in the scope or conditions (except that the decision provided for the use
of temporary buildings during the 2004/2005 remodeling and addition project, "to the extent allowed
by other City ordinance," e.g., Chapter 18 of the Code of Ordinances).
The applicant is requesting a modification to the 2004 special exception to allow the temporary
placement and use of a portable classroom building, utilities and covered walkway at the rear of the
site. (See attached site plan). This location is approximately where the temporary construction trailer
was located during the remodeling and addition project in 2004/2005. The request is for one year
(2009/2010 school year) so that improvements may be made to the existing campus.
Staff Response
The original decision in Docket 04-12 specifically states the following under scope of the special
exception:
Proposed. After construction, this special exception authorizes; (i) public school use of the
building site and both the existing and proposed structures shown on the attached drawing
3756 University Blvd Pagel 8-16-09
labeled "Exhibit A," and (ii) the accessory uses and accessory buildings specified and limited in
Exhibit A.
Exhibit A does not show any temporary or portable buildings, so they have not been allowed on the site
since the completion of the 2004/2005 construction project. (The pre-existing portable classrooms were
removed and replaced by permanent buildings.) Staff believes that in order to place the temporary
classroom on the site, the applicant would have to obtain a modification to the special exception issued
in Docket 04-12. Additionally, the applicant must seek and obtain (from the Building & Standards
Commission) a variance to Chapter 18 regulations restricting portable buildings.
Staff believes that the ZBA has the authority to modify the 2004 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 one-year
temporary period.
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