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HomeMy WebLinkAbout08171995 ZBA Minutes~ ~ • ZONING BOARD OF ADJUSTMENT MINUTES FROM AUGUST 17, 1995 REGULAR SESSION The Zoning Board of Adjustment came to order at 7:30 p.m. with the following regular members present: Vice Chairman Frank Billings, Sue Porretto, Stephen Masera and Rob Peterson. Alternate members present were: Vic Hansen, and Lee Huber. Members absent were Chairman Sterling Minor and alternate members Arden Morley and Melinda Snell. Present from City staff were: Dennis Holm, Chief Building Official and Susan Thorn, Building Secretary. Members introduced themselves and procedures were explained. No one was present for any matter other than agenda items. Notices were read and participants were sworn in. Rob Peterson made motion to approve the notices as posted, Sue Porretto seconded the motion and voting was unanimous. Stephen Masera abstained from voting during this hearing. • The only item on fhe Docket No. 95-10 ( a request for rehearing of 95-08) concerning property located at 6727 Weslayan, South 25' of Lot 2, Block 1, Collegeview 1 st Addition. This is a rehearing of a request for a Special Exception to allow the joint use of seven parking spaces at a location within 300 feet of the subject : property in order for that property to meet a City Ordinance requiring nine parking spaces for the 1,760 square foot building located at 6727 Weslayan. Vice-Chairman Frank Billings explained this request was for a rehearing and the Board's rules state, "No motion for rehearing shall be entertained except upon a suggestion that new evidence will be submitted which was not presented at the meeting at which the hearing was originally had and the Board may require presentation of new evidence before the Board may proceed further." Reid Friedman, Partner in Weslayan/6700 Ltd. presented the request. Also present were Mitzi Hicks, Tenant and Owner of Golden Paws and Amy Rozzell, Property Manager. Mr. Friedman had presented the Board with copies of an affidavit which included the new evidence and briefly summarized the evidence. He presented an illustration of the surplus parking contained at other properties owned by the partnership, thus allowing • the property at 6727 Weslayan to meet City requirements. Mr. Friedman at the last meeting was unable to answer several questions pertaining to Golden Paws. Mitzi Hicks, owner of the Golden paws, was present at this meeting to answer questions. ~ • • Rob Peterson made a motion to rehear the application. Sue Porretto seconded the motion. Voting was unanimous. Mr. Friedman explained the properties at 6727 Weslayan (the "subject property"), 6732 Stella Link, and 3936 Bellaire have a total of approximately 13,682 square feet. He explained at five (5) parking space per 1,000 square feet for retail space, these properties need a total of sixty-nine (69) parking spaces to meet the City Ordinance. These three properties contain a total of 82 parking spaces. The 6732 Stella Link property has allocated ten (10) parking spaces to the 3936 Bellaire property so that it meets the City's Code requirement of thirty-two (32) parking spaces for a 6,411 square foot building. Frank Billings asked if the restaurant also had parking spaces allocated to it from the Nations Bank property? Mr. Friedman stated that, no that was not his understanding. Mr. Friedman explained the 6732 Stella Link property can allocate seven (7) parking spaces to the Subject Property so that it meets the City's Code requirement of nine (9) parking spaces for a 1,760 square foot building. The 6732 Stella Link property has forty one (41) parking space remaining after completing the above allocations. This exceeds the City's requirement of twenty eight (28) parking spaces for a 5,511 square foot building. He explained you would still have (13) thirteen spaces above the City ~ Ordinance requirement. Mr. Friedman stated additionally the Nations Bank property located at 6732 Stella Link property contains on its south side five drive thru lanes and one walk up lane and he would venture to say that customers who use those lanes do not park in any of the spaces after they have completed their business. These lanes are not included in the parking calculations. Mr. Friedman explained as he had mentioned previously the three properties are all owned by separate entities, each entity does have a relationship with the others in sharing of the properties. Mr. Friedman also explained all three properties are managed by the same company. Mr. Friedman stated if the entire building is utilized for business as it is intended, he felt from an aesthetics point of view it will look better and people will go in and see it as it intended to be, an upscale look where there won't be vacant spaces. Mr. Friedman explained when his company was looking for prospective tenants many were turned down because of the type of business they were. He explained some of the prospective tenants who were turned down were hair salons, delis etc. because of the burden it would put on the traffic and the parking. Mr. Friedman explained this dog grooming business would have more stop and go traffic with customers only being at • the business for a few minutes. Vic Hansen asked if this business were the narrow finro story building? Mr. Friedman .. ~ ~ • • • stated yes it was. Mitzi Hicks, Owner of Golden Paws the tenant in the building explained her request. Ms. Hicks explained she wished to use the entire building. The way the layout of building was designed to have the customers in for the shortest period of time. Most of the work will be scheduled by appointment. The first floor would be for the clean dog area and the grooming would be done on the second floor. She explained generally there is not more than one customer in at a time. The average time the customer spends at the shop is five minutes. She explained her business does an average of eights dogs a day, with her business takes dogs up until three o'clock. Ms. Hicks explained she felt the parking is more than adequate for this type of business. She explained she had more than one shop and her shops have a certain look and this building lent itself to this look. She explained she knew it really didn't have anything to do with the parking, but it does have something to do with the West University area. She explained she has two employees and they would park at the Nations Bank building. Amy Rozell, a representative of the management company requested the Zoning Board of Adjustment to consider if this were granted, if the same type of business were to be in this location the parking allocation would be allowed to be the same. • Frank Billings stated in the Ordinance there is a provision for off-site parking. Jacqueline Payne spoke in favor of the application. She explained she is.Mitri Hick's mother. She stated though she currently lives in South Carolina, she has thirty years of experience in the dog grooming business. Ms. Payne explained that at this particular location the first floor will be set up with a desk and reception area and the clean dog area will be closed off with a glass partition. The only other equipment on the first floor would be a washer and dryer. The second floor would have a cage area for the dogs when they are first brought in and a two or three bathtubs. They wish to get the dogs in and out as soon as possible. This is not only for the benefit of themselves, but to benefit their customers. Ms. Payne explained her customers do not like to have their dogs contained in cages and away from home for a long period of time. If they are not allowed to use the entire area, they will not be able to keep the dirty and clean animals separate. She explained that this was very important in order to service the customers properly. The grooming area takes up a six by six area. Frank Billings asked what the distance of the building was to the parking at Nations Bank. Reid Friedman stated it was approximately 235 feet to 250 feet in distance. Frank Wiskowsky, Insurance Agent and resident of 6535 Buffalo Speedway spoke in favor of the application. He explained his agency insures the property located at 6727 • Weslayan and would prefer to have the building completely occupied. He felt the building would be better maintained if it were completely occupied. . . , . ~ • ~ No correspondence was received in favor of the application. Dennis Holm, Chief Building Official answered Mr. Billings previous question regarding the parking for the restaurant. Mr. Holm stated the owners of the restaurant decreased its size in order to comply with the parking ordinance. Mr. Holm stated the City's only objection is the tenant does not meet the parking requirements. Frank Billings asked Mr. Holm what would happen if the use of the building changed. Mr. Holm stated it would not be a problem if the parking requirement stays tne same or stays below it. No one spoke in opposition of the application. No correspondence was received in opposition of the application. Sue Porretto made a motion to close the evidentiary portion of the meeting, seconded by Rob Peterson. Voting was unanimous. After a brief discussion Sue Porretto made a motion to grant a Special Exception to • allow the applicant to allocate seven parking spaces from similarly managed property within three hundred feet of the subject property for joint use, seconded by Rob Peterson. Voting was unanimous. . Members voting in favor were Frank Billings, Sue Porretto, Rob Peterson, Vic Hansen and Lee Huber. Stephen Masera abstained from voting. Voting against: none. The minutes from July 20, 1995 will be reviewed at the next Zoning Board of Adjustment meeting. Sue Porretto requested the information sheet about the Zoning Board of Adjustment be placed with the notices to be posted and be placed with the agendas in the lobby prior the Zoning Board Adjustment meetings in the future. Rob Peterson made a motion to adjourn the meeti . Vic Hansen seconded the motion. Voting was unanimous. The meeting e 8~15 p.m. A t • Attest: n Secretary