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Home My WebLink About11/08/2001 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals Agenda Regular Meeting Thursday, November 08,2001 Roll Call Approval of the Minutes from the October 11, 2001 Meeting Appeal. 2360 817 W OAK ST The variance would reduce the required street side setback along Washington Avenue from 15 feet to 11.5 feet in order to allow the existing front porch to be demolished and a new porch of the same size to be constructed in its place. Code Sections: 4.6(E)(4) Petitioner: LESLIE ECHEVARRIA ZoningDistrict NCL Appeal: 2361 1310 N COLLEGE AVE The variance would allow temporary vendor operations to be conducted on the vacant Plainsman Hotel property without having to bring the property into compliance with the Land Use Code. Specifically, the variance would allow the sale of bedding plants (usually in May and June), pumpkins in October, and Christmas Trees between Thanksgiving and Christmas to occur without having to install such improvements as perimeter and interior landscaping, curb, gutter and sidewalk, and other such things lop-_ that are required whenever the use of property changes. Code Sections: 2.14.2(B) Petitioner: Andy Grant ZoningDistrict CN Other Business: Zoning Board of Appeals Agenda Regular Meeting Thursday, November 08, 2001 Appeal 2360 Address 817 W OAK ST Petitioner LESLIE ECHEVARRIA Zoning District NCL Section 4.6(E)(4) Description The variance would reduce the required street side setback along Washington Avenue from 15 feet to 11.5 feet in order to allow the existing front porch to be demolished and a new porch of the same size to be constructed in its place. Hardship The existing porch is in need of repair. The best way to do that, based on its age, is to start over with a new foundation. The porch lines up with the existing exterior wall of the home, so it does not encroach into the required setback any further than the existing home. Staff Comments None. Appeal 2361 Address 1310 N COLLEGE AVE Petitioner Andy Grant 0 Zoning District CN Section 2.14.2(B) Description The variance would allow temporary vendor operations to be conducted on the vacant Plainsman Hotel property without having to bring the property into compliance with the Land Use Code. Specifically, the variance would allow the sale of bedding plants (usually in May and June), pumpkins in October, and Christmas Trees between Thanksgiving and Christmas to occur without having to install such improvements as perimeter and interior landscaping, curb, gutter and sidewalk, and other such things that are required whenever the use of property changes. �Iardship The property is currently abandoned, and the City has required the buildings to be boarded up. Even though temporary vendor sales are not a permanent use, they are considered to be a change of use and therefore trigger the need to upgrade the property. Any improvements constructed now would probably need to be redone upon redevelopment. See petitioner's letter for additional information. Staff Comments The Board should be careful about setting a precedent in the event this variance should be approved. The purpose of the standard is to subject temporary vendors to the same regulations that apply to permanent land uses. This means that if they locate on a property where a certicate of occupancy has already been issued for the same type of use, then 3 temporary uses are allowed without the need for site upgrades since upgrades would not be triggered if a permanent user of the same use were to occupy all or a part of the building on the site. Likewise, if a temporary user wants to locate on a lot where a certificate of occupancy has not been issued for that type of use, then site upgrades would be required just as they would if a permanent user was different from the current or previous user. Thus if the Board is inclined to grant this variance, members should find that there is something unique about this property so as not to be locked in to having to grant similar variances on other properties. In order to use the "equal to or better than" standard, the Board would have to find that 1) the variance would not be detrimental to the public good, and 2)that the proposal as submitted will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard. Other Business b' Zoning Board of Appeals November i s - r ApF*s1 2360 817 W Oak St #ppm1 2361 * 1310 N"I"s Ave Appeal 2360-817 W Oak•L The vartance would relax the repaired street side setback■long Washington Avenue fray 15 ft to ILL ft in order to allow the existing front porch to be deme8shed and a new porch of the same size to be constructed in as place. N p Washington Avenue - 11.5 fed to property Bne 3 The porch lines up with the existing exterior wall of the home,so - - tt does not encroach into the required setback any further than Oak Street — the existing home. 0 � f a: 33 fed The porch Is approximabely 24 ft from the curb abng Wasington Tito new porch will be in the same location as the exhstirag and 33 ft from the curb along Oak St porch. 1 Appeal 2361-1310 N College Ave The variance would allow a temporary vendor operation to -,5' be conducted on the vacant Plainsman HoW property without having to brig the property into compliance with .. the Land Use Code, e Fmm the west side cf College Ave,bofcrg east into the courtyard of - the maM. r View of the hotel,looking north along College Ave. ylew han kande dt Cartyand aMN Incrurp art inwards Cdgr Am ,n _€3 ^t - t Arwtirc view from Hfi courtyard,lookng north-west towards Cole Ave. "7 Zoning Board of Appeals November 8, 2001