Loading...
HomeMy WebLinkAboutStaff Report STAFF REPORT Project Manager: Jennifer Reeves, Staff Planner Report Date: December 21, 2006 Email:jreeves@cstx.gov Meeting Date: January 2, 2007 Project Number: 06-00500270 APPLICANT: Jay Burch, Property Owner and Builder REQUEST: A variance to the number of off street parking spaces required for Duplex Dwelling per Section 7.2 Minimum Off-Street Parking Requirements. A parking variance for three required parking spaces. (JR-06-00500270) LOCATION: 508 Cooner Street PURPOSE: To receive a Certificate of Occupancy. GENERAL INFORMATION Applicable Ordinance Section: Section 7.2 Off-Street Parking Standards PHYSICAL CHARACTERISTICS Zoning and Land Use • Subject Property: The subject property is currently platted and zoned R-2 Duplex Residential. • North: Zoned R-2 Duplex Residential and developed as such. • West: Zoned R-2 Duplex Residential and developed as such. • East: Zoned R-2 Duplex Residential and developed as such. • South: Zoned C-1 General Commercial and developed as a shopping center. Frontage: The subject property has approximately 60-feet of frontage along Cooner Street which is classified as a residential street. Access: The subject property has access onto Cooner Street. Topography &Vegetation: The subject property is relatively flat with several mature oak trees on the property. Flood Plain: This property is not located in the 100-year flood plain. VARIANCE INFORMATION Background: The applicant has two duplexes with five bedrooms each. The applicant pulled a building permit for the two duplexes located at 508 and 506 Cooner in August of 2006. As part of the approval process a site plan was required to be approved showing parking spaces required and provided as well as parking setbacks, building setbacks and landscape/irrigation plans. At the time of permit, the site plan met all of the requirements. The applicant did not show any existing large canopy trees, existing easements or electrical lines. However, when the applicant requested the Certificate of Occupancy, staff discovered during the site inspection that the applicant did not build the site to the approved plan and is now lacking three required parking spaces. ANALYSIS Special Conditions: The applicant states: "The location of the overhead electrical lines that are encroaching 25-feet from the rear property line and the request for an easement caused the structure to be constructed closer to the street". Hardships: The applicant states: "Because of the adjustment for the electrical lines and easements, this required us to move the buildings forward and redesign parking. We are trying to save two very large trees". Alternatives: The applicant states: "Parking spaces constructed are sufficient or we could add an additional parking space if we reduce the side setback". Recommendation: Being that the applicant was not forthcoming with the existing three phase electrical line and easement located on the rear of the property, existing large canopy trees and changing the design without staff approval, knowing he was creating his own hardship by not downsizing the unit to reduce the parking requirement, staff is recommending denial of the parking variance. Cooner Street is classified as a residential street on the city's Thoroughfare Plan which requires fifty (50) foot of right-of-way. Currently Cooner Street has at best 30 feet of right-of way and pavement. Staff is concerned with a variance of three parking spaces— that parking will be forced onto an already substandard street and create health and safety issues in this neighborhood. Again, staff is recommending denial of this variance request. SPECIAL INFORMATION Ordinance Intent: Section 7.2 Off-Street Parking Standards, A. The purpose of this Section is to establish the guidelines for off-street parking areas consistent with the proposed land use to: 1. Eliminate the occurrence of non-resident on-street parking in adjoining neighborhoods; 2. Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking areas; and 3. Expedite the movement of traffic on public thoroughfares in a safe manner, thus increasing the carrying capacity of the streets and reducing the amount of land required for streets, thereby lowering the cost of both the property owner and the City. Number of Property Owners Notified: 16 Responses Received: Two phone calls, one being an inquiry and one being in opposition. ATTACHMENTS 1. Small Area Map and Aerial Map . 2. Application (provided in packet) LI _ I S 3. As Built Site Plan (provided in packet) l 4. Approved Site Plan (provided in packet) p) 7 2Z , "► / �-nwn5 `")4 co 5\ r e fel The applicant is requesting a variance for three required off street parking spaces for a Duplex Dwelling Unit located at 508 Cooner Street. Frontage: The subject property has approximately 60-feet of frontage along Cooner Street which is classified as a residential street, which is where access is located as well. Topography &Vegetation: The subject property is relatively flat with several mature oak trees on the property. VARIANCE INFORMATION Background: The applicant pulled a building permit for the two duplexes located at 508 and 506 Cooner in August of 2006. As part of the approval process a site plan was required to be approved showing parking spaces required and provided as well as parking setbacks, building setbacks and landscape/irrigation plans. At the time of permit, the site plan met all of the requirements. The applicant did not show any existing large canopy trees, existing easements or electrical lines. However, when the applicant requested the Certificate of Occupancy, staff discovered during the site inspection that the applicant did not build the site to the approved plan and is now lacking three required parking spaces. ANALYSIS Special Conditions: The applicant states: "The location of the overhead electrical lines that are encroaching 25-feet from the rear property line and the request for an easement caused the structure to be constructed closer to the street". Hardships: The applicant states: "Because of the adjustment for the electrical lines and easements, this required us to move the buildings forward and redesign parking. Alternatives: The applicant states: "Parking spaces constructed are sufficient or we could add an additional parking space if we reduce the side setback". Recommendation: Being that the applicant was not forthcoming with the existing three phase electrical line and easement located on the rear of the property, existing large canopy trees and changing the design without staff approval, knowing he was creating his own hardship by not downsizing the unit to reduce the parking requirement, staff is recommending denial of the parking variance. Cooner Street is classified as a residential street on the city's Thoroughfare Plan which requires fifty (50) foot of right-of-way. Currently Cooner Street has at best 30 feet of right-of way and pavement. Staff is concerned with a variance of three parking spaces— that parking will be forced onto an already substandard street and create health and safety issues in this neighborhood. Again, staff is recommending denial of this variance request. SPECIAL INFORMATION Ordinance Intent: Section 7.2 Off-Street Parking Standards, A. The purpose of this Section is to establish the guidelines for off-street parking areas consistent with the proposed land use to: 1. Eliminate the occurrence of non-resident on-street parking in adjoining neighborhoods; 2. Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking areas; and 3. Expedite the movement of traffic on public thoroughfares in a safe manner, thus increasing the carrying capacity of the streets and reducing the amount of land required for streets, thereby lowering the cost of both the property owner and the City. We have received four phone calls, three in opposition (all three had concerns about the already existing substandard street and the on street parking) Staff has great concerns with this variance being granted being located in a redevelopment area. The fact that variance run with the land forever.