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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Date: 4/26/00 ZBA Meeting Date: 5/2/00 APPLICANT: William O'Brian REQUEST: Rear Setback Variance LOCATION: 102 Church St. PURPOSE: To allow accessory buildings to be within the required setbacks. GENERAL INFORMATION Status of Applicant: General Contractor Property Owner: Connie Wortham Applicable Ordinance Section: Section 7 District Regulations; Table A Area Requirements PHYSICAL CHARACTERISTICS Zoning and Land Use: Subject Property: The subject property and all surrounding tracts are zoned NG -1, Northgate Historic. This property is currently in the site plan approval process for a "California style -grill" Mexican restaurant. North: There is an existing restaurant across the street. West: Currently there is a small retail shop next door. East: The remainder of Lot 3 is developed with a fourplex. South: Currently vacant. Frontage: Church St. -- approximately 100 feet of frontage. Topography & Vegetation: The site is developed, the majority of which is existing impervious cover. There are a couple of existing trees on site. The landscaping requirements will be determined by the Northgate Review Board during the site plan approval process. Flood Plain: Not located in the Flood Plain. P:\FITLTR\PZLTR\PROD\PZ2000\PZ02985.DOC Page 1 of 3 VARIANCE INFORMATION Required: 15 foot rear setback Requested: 6 -inch rear setback Currently existing on site are a walk-in cooler and the portable metal building. If they were not to be moved they would be considered legally nonconforming. The applicant is proposing to do three things. 1. Move the walk-in cooler to the east, inline with its present location, not encroaching into the setback any farther than currently. 2. Enclose the area where the walk-in cooler is presently located, to provide for additional food preparation area. 3. Move the portable building to allow for the new location of the cooler. If the Board decides to grant this variance, staff would recommend that the Board limit the variance to the three buildings listed in this request and require that they be located according to the site plan submitted in conjunction with this request. ANALYSIS Special Conditions: The applicant offers a special condition that there is insufficient space in the building for the type of food preparation needed. Another special condition that may be considered is that the existing building predates the current and several previous zoning ordinances and site planning requirements. Hardships: The applicant states that there really is no other room on the lot itself to do any enlargements or additions. Additionally, because of the existing layout of the site and the building the amount of usable space is even further reduced. Alternatives: Staff has found the following alternatives: 1. Move the accessory buildings to be within the required setbacks. 2. The Board may grant a variance less than requested. P:AFITLTR\PZLTR\PROD\PZ2000\PZ02985.DOC Page 2 of 3 SPECIAL INFORMATION Ordinance Intent: In 1996 the Zoning Ordinance was changed to reduce most of the setbacks in Northgate to zero. However, in NG -1, Historic Northgate, with the assumption that all new development would take advantage of the front and side zero setbacks, a 15 foot rear setback was required in order to assure space for rear access. The setback changes were made in order to increase commercial density and to move toward a more urbanized downtown setting. On this particular block, this type of access area will not occur unless the entire area is redeveloped. Similar Requests: The current Northgate Plan was implemented in 1996, since that time no rear setback requests were found. Number of Property Owners Notified: 14 Responses Received: None as of date of staff report. ATTACHMENTS Location Map Application Existing Conditions Proposed Layout P:AFITLTR\PZLTR\PROD\PZ2000\PZ02985.DOC Page 3 of 3