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HomeMy WebLinkAboutStaff Report,r~ ~" v .~ ~;~~~ ~. ~~~~ ~ ~~- F diw"~~~IGaSwt Y ,:~~ a f~~~ ~m~~ ~" :~ ~ ~ ~ L. ~q ~ ~ ~. ~ ~'~"gib ~ ~i ~~•~ ~ i r~:fr~~ ~: ~:~ ... t~r~~c~ ~~i ~~E~ ~~n ~~~~~~ ~"fie ~: ~ ~.c~ ~ ~.~ ~ ~ ~. ~ E~:~~ ~~~ ~ ~~ ~ 1 ,~. ~~t~ ~t~E ~ ~~~ ~`~r- ~~~~ ~ ~ ~:~~ f~~~ ~~«~- ~~.~ f is ~~~_ ~~E~~i r~ ~.I~r i ~~..~~ ~~r~~ ~~~ai.r~~# ~l~r ~~~::~r~ ~~.~r~t~l~.~i~i ~~ ~. r~~~-p STAFF REPORT Case No.: 90-712 Applicant:. Kling. Engineering owner: Rossco Holdings Inc. REQU-FST: .Conditional Use Permit IACATION 644 feet. northwest of Southwest Parkway Drive on Medina PHYSICAL F~EATt7~~E5: Area:.:. .482 Acres Dimensions: Approximately 80' X 240' Frontage: - 81 feet along. Medina Depth: Approximately 24U' AREA ZONIlVG AND LAND USE: Subject: Tract: North: R-1 Single Family; developed as single.. family East: R-1 Single Family; developed as single :family South: R-b Apartment/High Density; developed as The Colony Apartments west: R-6 Apartments/Hgh Density; .vacant ~~ LAND USE PLAN: Low: Density Residential NOTIFICATION: Legal Notice Publication{s): 11-21-9~ Advertised Commission Hearing Dates}: 12-6-90 Number of Notices Mailed to Property. owners Within 200': 15 Response Received: None as of 11-27-90 STAFF CON~VIE Conditional use permits are granted. by the Commission, subject to appropriate conditions and safeguards, when he Commission finds: A That the proposed use meets Nall the minimum standards established in the Zoning ordinance for this type of .use; B. That the proposed use is in harmony :with. the purpose. and intent of the zoning ordinance and the plan for physical development of the district as embodied in the comprehensive :plan:. for the development of the City; C. That the proposed use will not be .detrimental to he health, .welfare,: and safety of the surrounding neighborhood or its :occupants, nor be substantially or permanently injurious to neighboring property. (See sec. 14, ordinance 1638) The P.R.C. reviewed this project on November 14,1990, and had the following concerns: The Zoning Ordinance requires a screen fence between the proposed parking lot and the single... family development to the north .and to tie east.. The actual location of the fence hould be such that it does not cause problems either with utility easements or with drainage. There is also some concern.. regarding the preservation of two rees located near the north .:property line. Due to the age of construction of the complex, the parking does not conform with the current minimum parking standard's. The following compares existing parking to the number of spaces .required under the , current ordinance:. Spaces :required 480 Existing spaces 31S .Total provided w/ new lot 3SS Spaces required per bedroom 1.5 Existing spaces per :bedroom 0.98 Spaces per :bedroom w) new lot 1.1 The applicant does not wish to combine this unplatted lot with the Colony property because he -would like to be able to self the subject property at a future date. Staff has since inspected the site and determined the parking situation to be inadequate. The PRC had a que tion as to whether, once in operation, the parking of could be removed or used for parking for some .other use when the current project for which it is intended has inadequate parking at present. Staff met with Legal and determined the following: If the applicant brings: the.. project up to conformance relative to parking by providing this additional parking lot, then the City can require his amount of parking continue to be provided far the life of the project.. If, however, the additional parking brings the project closer into compliance but not completely into compliance, the :City cannot prevent the owner from discontinuing the use of this site far parking for the adjacent apartment project. The relevant section of the Zoning Ordinance reads: "6.4 Whenever anon-conforming use has. been discontinued and changed to a conforming use..ahe .,.right to continue the .farmer non- conforming use shall no longer exist. Subsequent operation as a non-conforming use shall be unlawful.."