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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
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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.."