Loading...
HomeMy WebLinkAbout07201995 ZBA Minutes~ • ~ ZOIVING BOARD OF ADJUSTMENT MINUTES FROM 7/20/95 REGULAR SESSION The Zoning Board of Adjustment came to order at 7:35 p.m. with the following members present: Chairman Sterling Minor, Vice Chairman Frank Billings; Regulaz Members Stephen Masera and Sue Porretto; and Alternate Members Lee Huber and Arden Morley. Present from the City were Dennis Holm, Chief Building Official and Cathleen King, Building Secretary. Board members introduced themselves and procedures explained. Notices were read and participants sworn in. Frank Billings made a motion to approve the notices as posted, with Arden Morley seconding the motion and the vote for approval was unanimous. The voting members were: Sterling Minor, Frank Billings, Arden Morley, Sue Porretto, Lee Huber and Stephen Masera. The first case on the Docket was 95-07 concerning property at 3924 Bellaire Blvd., Lot 1, Block 6, Cunningham Terrace Addition. A request for a special exception to allow less than the required number of parking spaces as shown in the Zoning Ordinance. • Ken Pyron, Professional Engineer with Morris and Associates Engineers, explained what they are proposing is to rebuild the Exxon station at Bellaire and Stella Link. He said there are no problems in what they want to do other than the requirement for parking. What they were requesting the Boazd to do was count the pump islands where cazs park to pump gas as parki.ng spaces. If the pump islands counted as twelve parking spaces in addition to the three conventional pazking spaces and one for disabled persons, those sixteen (16) spaces would meet the onsite parking requirement. Sixteen parking spaces would be the maximum that could be designed at this location. Sterling Minor asked him to describe the convenience store other than just explaining it as containing 1400 square feet. Mr. Pyron explained this was a typical Exxon convenience store, called a Tiger Mart with a cooler, snack items, and a single cash register. Lyda Johnson, Professional Engineer for Exxon USA, explained there would be one manager and one to two employees, with the manager being there mainly during the day. Sue Porretto asked where the employees parked? Ms. Johnson explained the employees would have to park in a conventional parking space or pazk off site. • • • • Sterling Minor asked if they had any statistics on what percentage of people might come to not purchase gas but to come get something only from the Tiger Mart. Ms. Johnson explained they did not have any formal statistics. She stated what they based there economic forecast on was the gas draws the customers and the convenience store was more of an impulse type of thing not really intended for somebody to pull in to only go shopping. Ms. Johnson stated there was currently an Exxon mechanic shop that will be eliminated to expand the convenience store. Stephen Masera asked if they had a traffic count? Ms. Johnson stated she estimated they went through 110,000 gallons of gas per month and estimated with the new renovations they would go through 125,000 gallons which meant approximately 1250 cars per month. Sue Porretto asked if the special exception was not granted would they be able to do anything different with the site? Lyda Johnson stated they would not and they needed to upgrade the tanks anyway which they would be doing now at the time of the proposed renovations. • No correspondence was received in favor of the a lication. PP Dennis Holm, Chief Building Official gave the City's point of view. He explained this was a request for a special exception to the parking requirements at the concerned property by the owner of 3924 Bellaire Blvd., Exxon Corporation. The Zoning Ordinance No. 1493, Article 10. Parking Areas, Driveways and Loading Areas., Section 10-100. Off-Street Parking., (a) Requirement by type of building space. (11) Any space used for auto intensive uses: ten parking spaces per 1000 square feet of gross floor area. He stated there was a proposal for a new structure to be constructed at 3924 Bellaire Blvd. by the Exxon Corporation. He stated the new structure will have 1600 square feet which requires sixteen parking spaces . Mr. Holm explained the building site has room for four conventional type pazking spaces with a disabled parking space included. There is a proposal for twelve fuel dispensers and Exxon Corporation would like to be allowed to use those twelve spaces for the required parking. Their reasoning is the customer is only in that space long enough to fuel, pay for the gas and leave. By allowing this special exception the new station could meet the parking as required by the Zoning Ordinance No. 1493. Therefore he stated the City opposes the non-compliance with the parking requirements a special exception must be granted or the proper amount of pazking spaces provided. ~ 2 • • ~ Sterling Minor asked if Mr. Holm was aware of any other information regarding the four parking spaces apart from the law regarding where employees can park. Mr. Holm stated he did not he only knew they did not want them to park on the streets Ellis Mills- 4012 Ruskin stated he being a resident of the City of West University would be concerned with what the hours of operation would be and whether they have a liquor license or not. He stated he would rather have the employees pazk on site than off site in other residential districts. Myers Hammond-4016 Ruskin stated he to had a problem with them parking in residential districts. T'hey already have problems with pazking. He stated they can park in the shopping center or Nations banlc. Frank Billings made a motion to close the evidentiary portion of the meeting, with Stephen Masera seconding the and the vote for approval was unanimous. The voting members were: Sue Porretto, Frank Billings, Sterling Minor, Arden Morley, Lee Huber and Stephen Masera. Frank Billings made a motion to approve the notices as posted, with Sue Porretto seconding the motion and the vote for approval was unanimous. The voting members were: Sterling Minor, Frank Billings, Arden Morley, Sue Ponetto, Lee Huber and Stephen Masera. • The next case on the Docket was 95-08 concerning property located 6727 Weslayan, South 25' of Lot 2, Block 21 College view. A request for special exception to allow a commercial properly to have fewer pazking spaces than required by the Zoning Ordinance. . Reid Friedman president of Weslayan/6700 Ltd. stated he was there representing his clients who would like to have a pet grooming salon at 6727 Weslayan. He explained this proposed business was going to have two employees maybe three which would be working at a time. He explained the property had two pazking space in the front of the shop which he felt was enough because it would be a stop and go clientele and he felt they would only be there for approximately five minutes to drop off or pick up their pets. He stated across the street there was public parking available which he felt the customers could use if the two pazking space were full. Frank Billings asked where the parking for the proposed pet grooming business was. . Mr. Friedman explained the property had two parking spaces which will be used by the customers and the employees would park at the Nations Bank across the street which he explained was also owned by Weslayan/6700 Ltd. He explained that he felt this would be adequate pazking. Sue Porretto asked if this special exception was not granted what other options would he have? • Reid Friedman stated there would be no other option for less building or more pazking. • ~ • Stephen Masera asked what about the parking next door at A& O Lamp? Reid Friedman stated the customers could utilize some of the pazking in A& O Lamp's pazking lot which he felt would not be a problem because he stated he has never seen their parking lot full to its capaciry unless it was from the overflow from Sewadee at lunch time. Sue Porretto asked if the pazking for A& O Lamp was labeled for A& O parking only? Reid Friedman stated it did not and he could allocate pazking from A& O Lamp but he did not want to disturb A& O Lamp which has a 10 yeaz lease with them. No correspondence was received in favor of the application. Dennis Holm, Chief Building Official gave the City's point of view. He explained that this was a request for a variance to the parking spaces required by the Zoning Ordinance No. 1493, Article 10. Pazking Areas, Driveways and Loading Areas. (a) Requirement by type of building space. (15) Other retail and personal service space: 5.00 parking spaces per 1000 squaze feet of gross floor area. He explained at the present time there were two parking spaces at 6727 Weslayan; therefore, only 400 square feet of this structure may be used. • He stated the owner of 6727 Weslayan, Weslayan/6700 Ltd., has parking at other locations within close proximity to this property and would be willing to allocate parking spaces for subject property. He explained most of the prospective tenant's business is "stop and go" tr~c, which would require only short periods for pazking.~ He stated that pazking space requirements cause a hardship due to the building not being able to be used fully. Therefore the City opposes the non-compliance with the pazking and without a variance the parking requirements must be met. Sterling Minor asked Mr. Holm if he had any comments on what is likely to happen. Dennis Holm explained he has never seen A& O Lamp full to capacity even at lunch time. Sterling Minor stated he believed that A& O Lamp was granted relief with a special exception back when they began with their business. Frank Billings asked what 10-103 B from the Zoning Ordinance allowed? Mr. Holm explained 10-103 B; The ZBA may issue a special exception to allow up to 75 percent of the pazking spaces required for any building site to be used jointly for another building site, if the ZBA finds that no increase in on-street parking is likely to result. LJ 4 • • ~ Mr. Holm explained they had 1760 square feet which required them to have 9 pazking spaces which if the ZBA uses section B 7 out of 9 would be 75 percent Ellis Mills-4012 Ruskin stated he was a dog owner and he felt that two parking spaces where definitely not enough. He stated there was no green space for the pets but he did not feel there would be a parking problem on Ruskin. Myers Hammond-4016 Ruskin stated he felt they should have researched more before jumping into opening a new business with only two pazking spaces. He also agreed that two parking spaces where not enough. Frank Billings made a motion to close the evidentiary portion of the meeting, with Sue Porretto seconding the motion and the vote for approval was unanimous. The voting members were: Sue Porretto, Frank Billings, Stephen Masera, Lee Huber, Arden Morley and Sterling Minor. Frank Billings made a motion to approve the notices as posted, with Sue Porretto seconding the motion and the vote for approval was unanimous. The voting members were: Sue Porretto, Frank Billings, Sterling Minor, Lee Huber, Arden Morley and Stephen Masera. The next case on the Docket was 95-09 concerning property located at 6348 Mercer, North 1/2 of • lot 1 and East 20 feet of lot 14, Block 25, West University Place 1 st Addition. A request for variance to allow the finish out of a first floor of a detached garage for use as a temporary living area. Michael O'Leary owner of 6348 Mercer stated his house was built in 1988 with a 3 foot side setback for the garage. He stated he would like to convert his gazage into living space for his ill mother in law with the second floor of the garage being used by her round the clock nurses. He stated since he would like to convert his 1 st floor garage space into living space he would be out of compliance with the current Zoning Ordinance because he would then be required to have a 5 foot side setback. He suggested to the Building Official to have 2 feet of dead space on the 1 st floor so that it would be like having a 5 foot set back but then the 2nd floor and the roof would be have to also have 2 feet of dead space which would be impossible. Mr. O'Leary stated the proposed 1 st floor renovations would only be temporary and would be retumed to gazage space when the mother in law no longer stayed there. Frank Billings stated if they renovated their garage then they would not have gazage space which is not in compliance with the Zoning Ordinance. Mr. O'Leary stated they have a Porte Cochere which if they erected a 6 foot wall then they would be in compliance with the Zoning Ordinance. Mr. O'Leary stated if this variance were granted it would relieve a hardship for them. He stated that • the heavy financial needs would be changing the garage into living quarters. He explained changing 5 • ~ • the living quarters back into garage space would not be that great of an expense, it would only require the demolition of the living space and the addition of new garage doors. He stated the 400 S.F. 2nd floor quarters would be used by the round the clock nurses, which there would be two nurses and one cook all rotating so that only one nurse would be there at a time. No correspondence was received in favor of the application. Dennis Holm, Chief Building Official, gave the City's point of view. He stated that this was a request for variance to the required side setback for a structure that does not contain gazage space. The owner of the property at 6348 Mercer, G. Michael O'Leary, is asking for a variance due to the converting of an existing garage on a temporary basis, to be used for temporary quarters by his mother-in-law. The structure used as a garage can be within three feet of the side property; however, upon the conversion form gazage space to non-garage space the structure may no longer be closed than five feet of the side property line. In Ordinance 1493, Article 7. District- Specific Regulations, Section 7-101. Regulations, Tables, Etc. (a) In General, Table 7-6. Projections Schedule, page ii. Note 5. Garages In Side Yards. Each projecting building must meet all of the following criteria: (a) it must be at least three feet from the side property line (no projection toward the side street line being permitted. (b) The projecting part may only contain gazage space and space above the garage. Therefore the City opposes the non- compliance with the setback requirement for non gazage space; therefore, without a variance being • granted the structure within three (3) feet of the side property line must be garage space. Frank Billin~s asked assuming the Board decided to grant the vaziance, how would the be assured that this would only be temporary? Sterling Minor asked approximately how much would it cost to return the living space to garage space? Mr. Holm guessed it would cost approximately five thousand dollars. No correspondence was received in opposition of the application. Frank Billings made a motion to close the evidentiary portion of the heazing. This motion was seconded by Sue Porretto. Voting was unanimous. Voting members were Frank Billings, Sue Ponetto, Arden Morley, Stephen Masera, Sterling Minor and Lee Huber. During the Discussion of Docket No. 95-07 concerning property located at 3924 Bellaire Blvd., Arden Morley will not be voting. Sterling Minor explained there was a practical matter he felt they really didn't need to many parking spaces and so the object of the Zoning Ordinance probably doesn't apply to much here. He stated if it was possible to do it than he approves of the special exception being granted. • 6 ~ • • Frank Billings stated his concern was the regulation for employee parking. He suggested that they have specific on site pazking or that off site off street parking is provided for the employees. He stated before they got a permit he would suggest they show proof that they either had an on site parking space for employees or they arranged for off site parking of some kind. Stephen Masera stated he had concerns with the granting of this special exception. He stated here was no information on the traffic count at the location and that there is no contingency plan as far as having a smaller building or fewer pumps. By the calculations that were given there would be approximately 350 cars a day which meant there was going to be cars parked there at all times and therefore there probably would be more congestion than is there now. He stated it was impossible to enforce pazking which he stated he was awaze of situations like this having been subject to parking problems every day in his work force. Sterling Minor stated he to was aware of the problems that parking has on adjoining businesses and residents but he believed most of the customers going to the gas station will park at the islands where the gas pumps aze and he believed that should possibly be enough pazking spaces. He stated he is fairly convinced that there won't be more need for pazking there than is provided for under the claim. Sue Porretto asked if a traffic count would make a difference? • Sterling Minor stated he believed Lyda stated it would be 100-115 now and part of the reason they are configuring this hopefully is to sell more gasoline and by saying 125 is a significate change. Stephen Masera stated based on the 125,000 gallons that would be right a 350 cazs a day that would come through and now the cazs are going to not only buy gas but to go into the convenience store to which has only one cash register so they will be there longer and they could not tell the Board the hours of operation. He stated he feels the cazs aze going to be there longer than what they are there now. Frank Billings stated if he used that reasoning than does he feel that there are enough parking spaces? Which the City does not consider the islands to be parking spaces. Arden Morley stated he felt with the new layout yes it will cause more traffic flow to the site but also cazs that park there will be there for five minutes and be gone but when you have a garage cars aze there for hours or days which he feels that they will then have less of a pazking problem..on the site itself which means less pazking overflowing on the neighborhood with this configuration. Sue Porretto stated the type of people that would want to run into a convenience store are not going to pazk across the street or next door if they can not get there they are going to drive on. Frank Billings made a motion to grant the special exception on the conditions that the property owners either provide spaces in addition to the pazking spaces that they have proposed for customers • for two on site parking spaces for the employees or provide off street off site parking for two 7 i • • employees and they show that before they can get the permit and the special exception only be good so long that they provide those two spaces. No second. Sue Porretto made a motion to grant the special exception as requested, with Lee Huber seconding the motion and the vote was Sue Porretto, Lee Huber and Sterling Minor for and Frank Billings and Stephen Masera against. Sue Porretto made a motion to grant the special exception with the stipulation that the manager be required to pazk off site. Frank Billings made a motion that motion be amended to say the exception be granted on the condition the property owner provide one off site off street pazking space for an employee and the exception be valid only so long there is proof that there is arrangements for one off street off site parking space. This motion was seconded by Lee Huber and the vote was Sue Porretto, Lee Huber, Frank Billings and Sterling Minor for and Stephen Masera against. • During the Discussion of Docket No. 95-08 concerning property located at 6727 Weslayan, Lee Huber will not be voting. Sterling Minor explained this was a reyuest for a special exception to allow this commercial property to have two pazking spaces when nine are required by the Zoning ~ Ordinance. Lee Huber stated since the applicant owns the neighboring property, A&O Lamp why don't they designate some of the pazking spaces from property so the new commercial business will be in compliance with the Zoning Ordinance? Frank Billings explained A& O Lamp was given a special exception by the Zoning Board of Adjusttnent when they first began their business and therefore if they let the concerned commercial property utilize some of their parking spaces they would be in violation of the Zoning Ordinance. Sterling Minor stated he believed that A& O Lamp was required to have thirty pazking spaces and seven parking spaces were allocated to spaces from the parking lot at the present Nations Bank. Sue Porretto stated right now the commercial property was only utilizing 400 S.F. which is in compliance with the Zoning Ordinance having just two parking spaces. Sterling Minor agreed and stated they were in compliance right now utilizing only 400 S.F. but they wanted to use the entire S.F. of the building site. ~ Frank Billings asked if they granted an exception than do they grant it just for the use for this • ~ • property as a pet grooming or does it go with the building? Frank Billing stated he had more of a problem with granting a special exception when the applicant only has two pazking spaces when they aze required to have nine. Stephen Masera stated the Boazd will have to realize that the people going to this commercial business Dog Groomer aze going to have pets and aze not going to want to cross the street and if they did then there is going to be a lot of people crossing the street which could create additional hazards. He stated that it will also be a burden on their neighbors. Frank Billings stated it looked to him as though the property owner that owns a bunch of the properly should be able to come in and say here is all the property I own and here is all the pazking spaces I own and here is the property they can use and should have to make a decision as to how much of that property he is going to use for purposes of required parking. Frank Billings made a motion to deny the special exception with Sue Porretto seconding the motion and the vote for approval was unanimous. The voting members were Sterling Minor, Frank Billings, Arden Morley, Stephen Masera and Sue Porretto. During the discussion of Docket No. 95-09 concerning property located at 6348 Mercer, Arden Morley will not be voting. Sterling Minor stated the applicants were asking for the conversion of • garage space into living space. He explained the only hardship was because they wanted this additional living space and therefore would create a problem. He explained he felt single family lots in West University Place were not designed to house additional family members who required around the clock helpers. He also felt another aspect would be what is wrong with a three foot setback instead of five? Frank Billings explained he felt this was a unique situation in which it is another example of someone who builds up 100% of their lot and then comes to the Zoning Board of Adjustment and wants to do something that is not allowed by the Zoning Ordinance. Arden Morley asked if the Board had decided if they can encumber the property in order to someway force them to do the demolition as promised when the situation changes. Frank Billings explained they could encumber the property in the event that it could never be sold without the demolition. Sue Porretto asked what was lost given the fact they are able and the Board is able to enforce them restoring the gazage from living space back to garage space. Frank Billings explained as far as meeting the requirements of the vaziance he believed this was a • hardship. 9 ~ • • Frank Billings made a motion to grant the variance on the condition the vaziance will be valid only so long as the mother-in-law of the applicant is utilizing the space without an absence of no more than six months and on an annual basis the applicant submit an~davit to the City to that effect and such conditions be made of record in the deed records of Hanis County. Sue Porretto would like to change "utilizing the space" to "residing". Frank Billings agreed and accepted the change. Arden Morley stated he would like to have "and upon your prior conditions being met the space be reconverted to gazage use within six months" added to Frank Billings motion. Frank Billings accepted the addition. ~ Sterling Minor suggested Frank Billings original motion the word "annual" be changed to "each August". Frank Billings accepted the change. This motion was seconded by Sue Porretto and the vote for approval was unanimous. The voting members were: Sterling Minor, Frank Billings, Lee Huber, Stephen Masera and Sue Porretto. Frank Billings made a motion to approve the minutes from the June 15, 1995 meeting with changes, with Lee Huber seconding the motion and the vote for approval was unanimous. Sue Porretto made a motion to adjourn the meeting, with Frank Billings seconding the motion and the vote for approval was unanimous. The meeting adjourned at 10:00 p.m. / • ATTEST: SECRETARY l0