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HomeMy WebLinkAbout20091006P & Z Minutes~L ~I~IG r~~I3 Z l~Il~~ C~}IO~II~I~~~I~I~ Il~I~7`I'~~ ~~' 'I' ~ ~IJ~~I~ I~EE'TII'd~ ~~.~~~~~i. ~ly Z~~~ 7.d0 I'1VI The ~neeting was called to order at 7:00 pm by Chair-Marlaine Szurek. ~oinmissian Me~nbers preseilt- TIZanlpsol~, Fiorendino, Schmitf, Peterson, and Szurelc. Also ~resent were Gary~ Peters~n (~ouncil I,iaison}, 3eff Sargent (City I'lanner}, and ~heIley ~-I~ZSOn (Secretary}. Motion by Sehn~itt, seco~~ded by Pete~son, to approve the tninutes~ol~z the rrzeeting of Septetszber 1, 1009. ~ ll ayes. MOTION 1'ASSED. ~' L~~' ~~I~~~ ~~~~ 1~TIJ I3ER: 2009-0901 I~~.I~~l!?T: S~l~a~n Abu-S~~-~--~ii~II~~ R~st~~aa-~att I,~~r~'T~~N: 4341 C'~n~r~l Av~ ~~JES'I': ~ite ~'1~~ ~pp~~ov~l fc~r° ~h~~ed ~~~~i~g ~~t'T~~I~IJ~`TI~I~d Sarg~nt explained that t~~e owz~ers of tlle Filf'i11a1i Restaurant, lacated at 4301 Central Avelzue, aF~d the adjair~ing tenant space would like to re-cpen tlie restauras~t and use the adjoining tenant space for a~ ocery. At fhis time, tlie applicant ha~ received a~ermit in arder t~ c~pen t~2e restaurant as a canyout restaura~~~ anly, whiclz would ineet the requii:ed a~nount of parking for the site. However, in tlle futl.ue, the a~plicant would like to open tl~e restaura~lt as a sit-down dinin~ restaurant. Tl~aerefc~re, the required an~ount of parking ~~eeded by tlze proposed full-service a~1d grocery store is inare than the number af parking stalls currently on the ~roperty. Per Cade Section 9.016 (L}{9}, the City Coui~cil in~y appiove the use of a required off-street parking area ai~ an adjacent site ia~ the form af a site plaa~ approvaT for sl~ared parking. At t1~is tii~le, the applicant is requesting a site plaiz a~~roval i~l order to share ttze adjacent business's parking area in order to meet tl~e inizlimum requireme~lt for parking far the full-service restaura~t and adjoining grocery store. ~~IW~P ~I~~S I'I,~T~t The Con~prehensive l~lalz guides this area for Cornmercial related activities. Allov~ring the shared use af parking faeilities would enable tl~e businesses to prosper, ~hich would be consisteiit wit~ the u1te~lt of the Con~prellei~sive Plan far commercially gu~ded pro~erties. ~~1Vli'Cfl._8 ~~~~1'C~1VTC.~~ Section 9106 (L}(9) of the Zoning Cade outlines specific conditions in order far tl~e City Council to approve the use of shared parking. They are as fallows: Planning & Zoning Commission Minutes Page 2 ~ctober 6, 2009 1. The use for which the applicatiozl for shared parlcing is being made is located witl~in 300 feet if the use praviding the parki~~g facilities. The ~roposed loeation for the .slurred parking is on tlze pr~aperty irnrrzediately to the north, curt~et~tly occupied by Laund~^y World, loeated at =~31.~ Cents~al Avenue. 2. Subsectians 9.146 (L)(9}(b) - 9.1Q6 (L}(9}(d} relate ta wi~ether the use in question is a nighttime, daytime ar Sunday use. I~1 this case, both uses are daytime uses. The Code ifnposes restrictians ai1 w11at ~ercent af the shared parking can be used far eaclz type ~f use, vvi~1~ i~~e assumptio~ that eacl~ business anly has the r~irzimum amount of rec~uired parking. ~i1 tl~is case, the Laundry World has a~~ excess amau~lt af parking, in which tl~e ow~~er is w~illii~g to sl~are «it11 the applica~t. Th~s is cor~sistent with tl~e Zoni~ig Code. 3. C~~~~t~act. A legally bindiFig instrurnent far the sha~ed use of af€-street parkin~ facilities shall be a~pro€~ed by the City Attorney alzd filed ~~itl~ th~ A~~aka County Recorder's Off ce within ~0 days after approval of the shared parlcing use. The applzcants laave subrazitted a contt•act be~vee~2 themselves crnd the ol-t~ner o.f Laund~y Wor~ld for the shared use of the parki~~g facilities, The City A~to~^ney nzust a~p~ove tliis cont~aet. PARKING. At this time, the proposed ~`ilfillah Restau~^ant will have a inaximum of 40 fixed seats, and a kitchen square footage of approxirnatel5~ 300 square feet. Per City Code, the required axnaunt af parkiz~b stalls is equal to 3a% of tlie builc3i~~g oceupancy ca~acity. Given this, tl~e restaurant is required to ha~e 12 parking stalls, pltis 1 stall for the lcitcl2el~, far a tatal of 13. The propased grocery store will be 4,31~ squ~se feet in area. City ~ade requires 1 parksi~g stall far eac11 300 square feet of gross floar area, wllich is derived by taking 90% of the overall square footage. Give~1 this, tlie grocery store is required to lzave 13 ~axkinb stalls as w~ll. In total, the applicant's businesses are required to have 26 parking stalls. Tl~e site plazl indicates that ther~ are anly 22 an-site parking stalls. Far this reasan, tl~e neighboring praperty would have to sha~e 4~arki~lg stalls il~ order for t1~e a~7plicant to ~neet the minimum require~nent for an-site parlciilg. Lau~~dry Worid is 4,125 square feet in area. C~ty ~ode requires 1 parking sta11 for eacl~ 300 sc~uare feet of gr~ss floor area, which is derived by talci~~g 94% af tl~e av~rall square faotage. ~iven t11is, Laundry Warld is required to Iiave 13 parking stalls. C~zr~ently, there are 21 on-site parking stalls, givi~g the~zz an exeess af 8 parking stalls. For this reason, Laundry World would be able to sllare 4 of its paricing stalls and sti11 ~neet the zninimum requirement far parking. The site pla~1 indicateS ai1 additiailal 25 parking stalls to l~e added ta the Laundry ~orld pro~erty as part of tl~e agreeineY~t between Laundry World and the applicant. Althougl~ Laul~c~ry ~orld currezztly 1~as ample parking ta suffice the nlinunum requirements of Filfillal~ and the grocery store, t11e applicaa~t would like to canstruet the additiorlal parking stails ta ensure that there wiil funetioilally be enaugl~ par~ing ta aeco~nadate 1~is busi~esses. The ap~iica~~t also does not walzt to inzpede o~ ar~y existing ~arking t11at the Laui~dry Wor1d has. PLrANNING & ZOI~IING COMMISSION MINUTES PAGE 3 OCTOBER 6, 2009 As ~art of tl~e plan, the applicant ~uill be required to install a 6-faot screeiu~~g fence along t11e east ~roperty liile to screen th~ additianal ~arkinb spaces from tlze residential p~aperties ta t11e east. FI~I~I~GS ~}F ~A~T ~ite ~~~m ~~~rc~~~~ Sectian 9.104 (Ni} r~quires t1~at tl~c Plal~~u~g aYnd Zal~ing Com~~i'rssion sha11 make eac11 of the fol~awtr~g f~dings hefore approving a site pla~z: L The site plan confon~s to all ap~lical~le rec~uireznents of this artieie The p~o~aosed site plan rneets all ~~equir°elszents set fo~th itz the Zonit~rg Code related to shared ~~a~king. 2. The site plai~ is cansi.stent wi~h the applicable ~rovisioz~s of the city's camprelle~sice plau. The Cotn~rehe~~sive Plan ~uides thzs a~°ea fo~° Corrz»zerciaZ related activities. Allowing the shared use af~a~king.facilities u~oulc~ enable the businesses t~ prosper^, which would I~e cor7sisten~t witlz t1~e intent of tdae Compreh~er~sive Plc~n far eo~rzmerczally guided ~f°o~el~ties. 3. The site plan is co~sistent with any a~plicable area plan. Ther~e is no applicable a~ea pZan fo~° this a~ea. 4. The site plall miniinizes any adverse impacts on property in the imn~ecliate vicil~ity and tl~e public i°igllt-of-way. The p~~oposec~ site ~lat~ will alleviate pa~king co~acerns f'o~ the busif2esses ilz quest~iozz. Il~leasures u~ill be taken to ensut~e tliat neiahbori~~g pro~erty owner°s will not be affected by added ~~ar;~i~zg to the .~ite (.se~^eening f'ence). Siizce the site plan coi~forl~ls to all staazdards outlined in the Zaning Cade as it relat~s to shared pa~ki~~b, staff recai~in~ez~ds approval of the site plan for the development Iocated at 4301 Central Avenue with the conditioils as nated. ~}uestior~s fro~n Mei~bers: Szus~k had faur cancer~ls: SI~e vJaz~ted tc~ see the layo~lt of tl~e ~acery stare space; Slle is upset abaut tlze mess bel~ind th~ restaurant that has been tlzat way far montlls; She wants ta see designated parking spots for Laundry ~orld custQaners ~aext to the building; She wants ti~e manument sign moved because she thil~ks it is a traffic l~azard. Sargent respal~ded to her concerns. He told her tl~e layout of tke grocery space is not pei~tinent to the l~uinber af parking spats as it is based on the square footage of tl~e store tl~at was included ii~ tlie staff report. The mess out back will be el~aned up as part of the cons~ruction process. Staff put a stop work arder an the construetian uzltil ihe proper permits an~ apprc~vals ~vere obtained. The zlew ow7zers have been coo~eratirl~ with staff and l~ave cleaned up tlle fioi~t asea. As soan as co~sEructioi~ resulnes, t1~e back area will a~so be cleatled u~~. Sargent assured Szurek that a Ce~-tificate of Occupancy would not ~e issued until Plan~~ing & Zonu~g Con7mission ?Vlizlufes Fage 4 Octaber 6, 2409 everytl~g is done and cleaned ~p. In regards ta the pa.~king, Sazgeiit said the colninis~ion could make designated parkii~g spots a condition of appraval ar asl~ tl~at it be part af the cantract language. He recoln~mended ha~ing it as a part of tlle contract betweell the business owners, as it is son~ethilig that affects theu custamers. Lastly, t~e moi~ument sign F~as approved as p~rt of tl~e site plan last year and the place~nent does meet city code. Szurek aslced if tl~ey would be taking down the extra pylon sigll aild Sarbent responded tl~at it llas to be removed as it is z~on-confgrming and there is a change of use accurring. Thompsan said he would vote in favor of tlus with more infon-nation. ~Ie wailted to see a landscape desi~ plaiz far tl~e parking area, as~d also agreed with Szurek that designated spats shauld be alPacated far custalners of Laundry WGrld. Sargei4t explained that a iands~ape ~esig~z ~~as l~ot r~r~tzired because tl~ey are i~ot usi~lg green space to add the parking. He said tlzey ~~ill just be re-surfaeing the existing lot and ~-e- striping it ta mark tl~e additianal parking spats. Fioreiidino was cancerned al~aut the traffic flow in tl~e parki~~g lot area. I~[e felt direetional si~i~s sllould be installed to I~elp the flovv tlzrougliout the lot and to lesseil the iin~act c~n the reside~~ces adjacent to the p~operty in t1~e rear. Schinitt aslced if the o~u~ler has an~ a~her busil~esses, ar if I~e Izas a~1y affiliation witll the old ov,n~er. A representative of tlle awner, Alex Badwa, tald meinbers that tlle eurrent owner used to owrz the Jerusalern Market and t11at 11e has no affiliation with the ald oun~ers. Fiorei~dino asked if tlzis agreeni~nt would ga with tke awi~er and the business, ar i~ it would go witl~ the ~rop~rty. Sarge~lt said he wauld ha~e to clleck ~vitlz tlie attor~~ey a~~d it rnay depei~d alz the contract lal~gua~e. The question of using the alley ance it is cleaned up, for access to the parking area was brougl~t u~. 5argent explained t1~at is ~ZOt a~ublic a~Iey and tllat it will ~e tzs~d foz delivery access only. Traffic wi11 be directed through the parlcing lots ir~ the front and to the north. Fu~blic ~Iearin~ O~e~~ed: Mr. Badv~a respouded to sa~z~~ of the concerns ~f tl~e ~ne~nl~ers. ~Ie stated that the eo~ztract between Laundry War1d and Filfi11a11 owl~ers does z:equire dcsigi~atcd parking s~ots for tl~e custo~ners af Laui~dry Wor1d. ~Ie also saic~ tl~e existil7g pylc~r~ sign wc~uld be rela~oved as s€~~i~ as possible as part c~f t1~e construction process. Ivlichael I-~e~iry af 947 43rd Ave said ke was concerned ~iti1 additional parkii~~ in the Io~. I~e said the neighbors experie~ce trouble with ~eople parking ttiere now and the amount of garbage tlley discard. He alsa ex~ress~d his ca~icern over the City's lacl: af aetion regarding the open 11o1e c~n tl~e site. Public Hearin~ Closecl. Sargez~t sug~ested addi~ig four conditial~s to the app~:oval fro~n thase originally noted due ta the discussior~ tl~at taok plaee. They are incl~ded iz~ the fotlo~~ing motia~l. Plan~ling & Zolling Commission Minutes Page 5 Octoher 6, 2009 Motion by Thompson, seconded by FioNe~~~dino, that the Planr~~ing Comtnission rec~tnnzeF~ds that t~~he City Council app~ove tl~e site plan foN a,~ha~ed parking arrange~~~~erzt fr~~ the p~o~erty located at ~301 Central ~lvenue pe~^ Code Section 9.106 (L)(9) of the City Code, subject to ce~tazn canditions of ap~roval tJ~at I7ave Ueetz fou~zd to l~e necessa~y to ~totect t1~e ~ublic interest and ensur°~ corr~pliarzce wzth tke provisions of t~he Zoning and Develop~nent Ot~dirxance, in~cluding.~ 1. A legally binding instYUrnen~t fo~ the s1~at^ed use of off=st~Yeetparking facilit~ies shall I~e a~~proved by the City Attorney and filed ~vith tl~e ~4nol~a Caunty Reco~°de~ 's Cffzce within b0 days c~fter a~p~°aval of the s~iaare~l purking use. 2. 7'I2e ap~licant sl~all i~zstall a 6-foot se~eening fence as indicated otz the a~~roved site pZan. 3. Fnsu~~e language is includeca' in tlze contract r^equir~ir~g deszgnated pa~king s~aees.f'or Lc~ur~dry Wo~~Zc! ~. That dil~ecfiional signage is installed to di~°ect~ tra~e flow ofparking ra~ea. .~. That tlie 25 aclditianal spots~ be installed and raz~r~~ked~t°ior t~o opening. 6. That the pylon sign be ~e~noved pr~iar to the Cert f cate of Occ~u~an~cy Ueing issued. All ayes. Szu~ek voted aye witli noted Tleservatior7s. MOTION PASSED. The fallowin~ Resoluti~n ~-il~ go tc~ tl~e ~ity Cou~cil C)ctc~ber 12, 2009. 12E~~I.,I1'TI~I~ N~. Zt~~9- ~ I2~~~I~~TTI~I~d ~I~PF2(~~Il~~ ~ SI'~'E PL,Al~i ~'C1~2 ~~IA ~ P`~ I~IG ~`T 43~D1 ~EN'~' I. ~ 1~ flJ~'i ~F&Zl\ ~ ~Y~ Z~~ i.~~~ V 1V~2-Y..~ i3~i~~~~9y i 1,11'~~~~ i~ ~~ A.S, a propasal (Case #2009-4901) has be~n submitted by 5ah~an Abu-Sara to the ~ity Council requestin~ a sife pla~z a~proval from the City of Colunlbia l~eights at the following site: ADDRESS: 4301 Central Avenue L,E~t~I~ L~~SCR.~I~TI(~I`~: ~n file at City F~all. T~IE APPLICANT SEEKS TI-~E FOLLC~WING PERMIT: ~ite ~'ian appraval far shared parking ~er ~ode ~ection 9.IOE (L}(9). ~~I~~~~, tiie I'tan~lil~g Col~~nissia~l l~as held a public 1~earir~g as required by the ciiy Zoiurlg Code oz~ October 6, 2009; ~?~I~ ~~ ~~~, tlle ~ity Cau~zcil IZas coilsidered the advice aszd recornznendatiol~s of tlie Plan~~i~~ a~zd Zoning Ca~~~nission regardirlg t1~e effect of tl~e prapased site ~1an upan t1~e healtl~, safety, and welfare of tl~e ~a~~zu~n~z~ity a~7d its Colnprehensive Plan, as well as any conce~ns related to eompatibility of uses, traffic, prapei~y vaiues, light, air, dang~r of fire, ai~d risk to public safety i~ tI~e sur~ou~~di~zg areas; a~~d I~T~~, 'I'I~~RE~'~~, ~3~ I~' ~~fJL~E~ by the City Cauncil of the City of Caiumbia ~Ieights after reviewi~lg the praposal, that the City Cowzcil accepts aaad adopts t1~e fallowing findi~lgs: l. The site plan confo~-~ns to al1 applicable requiremei~ts af thi5 article, except sigi~age. Z. The site plan is consisteiit ~ith t1~e a~~plicable provisioi~s af ~he city's comprehensive p1a~1. 3. The site plar~ is co~lsistent with any applicable area plan. 4. The site plan minitnizes any adverse inl~aacts on praperty i~~ the uninediate vicinity anc~ tlle public right-af-way. ~'Iam~i~~g & Zoning CaminissiolZ Minutes Page 6 Octaber 6, 2009 ~+~T~2~ ~R, I3~ I'I' ~~3I.i~I~, that the attached co~lditions, lnaps, and other information shaPl becaine part of this pei-~nit and approval, azld in grazztulg tllis l~er~nit the city and the applicant agree tlzat tllis ~ermit s~lall became null and void if the project has not been campleted witl~in one (1) calendat° year after the approval date, subject to petition far retlewal of the pennit. Ct~NI?ITICINS ~TTACHEI.~: 1. A legally binding instrun~ent for the sl~ared use of off-street parking facilities shall be ap~raved by th~ ~ity Attc~rney ~nd filed vvith t12e Ar~€~1~a County Recarder's Office within 60 days aft~r approval of the shared parking use. 2. The applicaz~t s17a11 inst~ll a E-foot screeni~g fence as il~dicated an tl~e approved site plan. 3. Ensure language is included in the cantract requiring designated parking spaces for Laundry World. 4. That direetionai sig~2ag~ is installed to direct traffic flo~,= af partcing area. 5. Tt~at tlle 25 addilioi~al spots be illstalled and marked priar to opening. 6. That the pylan sign be re~noved prior to tl-ie Certificate of Occupancy being issued. ~~~~ 1~i~11V~~E~2: 2009-104~ ~4PP~.IC'~l~t~': ~~r~~i~te ~3ec~e~- I,t~~~'I'~~I~~ 3'70~ '~'yler Str~e~ I~I~ ~~T~~T: 4-~a~t ~id~~ ~~~~~~~~ f~r ~ d~~~ched g~~~;~ II~'TI~~I~iJ~~I~l~I Sargent ex~lainec~ the applicazzt is rcc~uesting a 4-faot widtll variar~ce to construct a l~ew detached garage pei- ~'€~de Sectiol~ 9.106 (C}(1}(ln). The City's Zc~ni~Ig Cc~~e requires t1~at alI i~ew aecessory structures bP no less t~Zan 20' x 20' in size. The proposed plans ii~dicate tl~at the new detached garage will be 16' x 20'. For t12is reason, a 4-foot width variance is requued. ~~I~tIl~G (~RI9Il~~I`~~~ TI~e p~operty at 3704 Tyl~r Str~et is zoned R-2A, OI~e and Two Fazllily Residesltial, as are all t1~e praperties il~ the surroundin~ area. The requirenlent for a 20' x 2(}' garage per ~ity Gad~ is fo ens~.ue tlzat a11 ~zew ~ara~es wauld be capable of stc~rillg t~vo {2} velucles. "I:17e subject prolaerty cu~-rer~tly daes not have a gai~ge and the applicants wauld lilce fo acld ane far tl~eir L2s~. Currentiy, t11e pro~erty I~as a si~zlificant ~rade differei~tial froFi~ ti~e back of t11e Iat tc~ tl~e fraz~t. Tlzere is alsa a inature tree i~~ the general area where a new detached garage would be 1e~cated. Becalise of tlze grade change and the Iocation of tile t~•ee, the detached garage would have to be located at the n~ir~imum setback distanee af tluee (3} feet from the side and rear propeF-ty li~7es. Give~i this location, the largcst garage that couid be canstructed would be one measurizlg 16' x' 20'. ~~IVII~ ~I~i~SI~~ I'~,~I~ T~ie Coinpreliensive Plan guides tl~is area as ~•esideiztiaL E1 variance to allow the constructia~ of a rze« accessory stl-uctul:e would be cansistent wit1~ the intent of the Co~~iprehensive Plan guidi~lg oftlle area. Pla~~in~ & Loning Camsnissioz~ Minutes Page 7 October 6, 2Q09 FINI3IldIG~ ~3F ~~CT (`Jara~~~~} Section 9.104 (G) af the Zoning Ordinance outlines five findii~gs of fact tllat n~ust be met in order far the City Council ta grant a variance. Tl~ey are as follaws: a) I3ecause of the pal-~icular physical surroundings, or the sl~ape, configuration, to~agraphy, or otlier co~lditions of the specific parcel of land involved, strict adherence ta the provisions af this article would cause undue hardslzip. Th~e topogt~aphy ~f t~ie propeYty is the hardship in tlais case. ~'her°e is a sn7all a~•ea adjacent to the alley that sits ur~a u plateau i~2 r~eiatiori tr~ the rest Gf the ya~^d Ti'zi,~ c~rea i.r anly lc~rge enough to eonstr°uct a 16' x~0' gar~age ~vithaut t~zassive excc~%ation and regal^ding of the existing pt~oper~ty. Th~ a~plicants x~ould als~ lzke to save a la~ge ~nature tYee, ~~hich the b arztin; of the vai~ianee lvoul~' nt1nU, b} The conditiol~s upoiz wl~sch the variance is based are uzlique ta t1~e specific parcel of ~a~zd invalved and are generaily not applicable to other pra~ei-ties withi~l the saine zai~ing classificatic~n. The topo~a~hy of the pro~~eNty i~s unaque and ~eneraZly nvt crp~lical~le to of.~her~ p~~o~e3~ties ~t~ithi~z td~te s~FTie zoni~zg classif eation. c} The difficulty or izardship is caused by the provisions of this article and has ~~ot been created by any ~~e~son curren~ly ha~ing a Iegal ulterest in the property. The hardslzip ~~as c~eated by tlze lcay of the latzd and ~~at by any ~er-sor~ cur re~~tly hcrving a legal intey°est in the p~a~er^ly. d} T11e grantinb of the varia~lce is in Iiaz~~lony with tlle get~eral purpose afld intent of tlze cc~rn~re~es~siv~ p1a~~. The Co~npr~ehensive P1an guides this czr~ea a.s residentzal. ~1 va~iance to allo~~v the constructzon of a ne~~ accesso~^y struetur~e ~vould be eonsist`ent tia~ith t~ze intent ~f tlie Com~arehensive Pla~z guidiy~~~g of the a~ea. e) Tlze granting af the varial~ce will not be materia~ly detrimentai ta the public welfare ar materially injurious to the enjo~me~t, use, developmeil~ or value of prope~-ry or im~rovements vz the vicinity. The g~°anting of t~~l~e »a~^iance would ~aot be r~2ate~ially detr^itn~er~tal; rathcr it would et eate ~no~~e ~~alue to the p~oyet°ty, thus enhaneing the r~ei~hba~liood. Plai~ing & Zosling Commissio~~ Minutes Page ~ October 6, 2009 Staff recol~l~~7ends approval of the 4-faot widtl2 variance for the constructiolz af a neva detached garage located at 3704 Tyler Street because the hardsl~ip justifies ~he constructio~l of ar~ uildersized structure, Questions fr~~~ me~nb~rs: Scl~~litt asked if t~e existing sl~ed ~~ould be reFnoved. TI~e awner allswered that yes, zt wouid be. ~'io~endi~zo asked what t11e setback will be franz the alley. Sargent explai~~ed that it would t~e thr-ee feet. He told Fiorepldi~2a it is importaalt to inai~itain t12at setbacl~ far sna~u reln~val ai~d garbage servic~. Tl~at is wl~y the v~ianee o11 the widtll of the garage is ~zeeded. ~'ublic I~earin~ O~ened: No one else wished to speak on t1~s issue. Public ~-Iearin~Closed. Motion by Peterson, seeoTZded by Sclz~nitt, t~liat the Plczy2ning Cona~rzission reconzn~e~~ds the City C`ouncil a~~;~ove the ~ foat xvidth vc~~iance fa~° tlze eon~st~^uetion of a ne~v detached barage pei~ C'ode Secti~t~ 9.106 (C)(1)(~n) of t~17e City Code, sul~jeet to certain eor~ditions of ap~~~o~%aZ that h~ave been founc~ to be necessaNy to ~YOtect the public intet°est and ensu~-e coni~liance wit~lz the ~NOVisions of the Zoning and Develo~~~~ent f~F~c~'ir~ar2ce, ineludir~g: 1. All ap~alicc~tiorz ~raater^ials, ~naps, dr-awit~gs, aF~d descr~iptive infor^tr~atzon sub~nitted with the a~~lication slzalZ beconze ~a~~t af tl7e pef~r~~it. 2. The ap~ticantshall ol~tain a builc~ing~~el°rnit~~°ia~° ~o ihe cons~uction ofthe gcrtage. 3. The garage rhall be ar chitectur°ally compatible with the existinh p~inci~al s~i~uetu~e, irzco~~~rcrting sirnilal^ l~uildin~- Traate~^ials a~~7d colars. All ayes. MOTIONPASSED. ~~~~u~~c~~ rac~. Za€~s-~~ ~~~.u~~~r~ ~~~~.~ ~ ~ ~ ~a~~~~~~ c~~~~ ~~ ~~~a~s lJ~ i ~ . ~ ~Al~ [.i.A` ~iJLBJ . ~~A~Ei~~ ~831~.. ..~8 6.~~.i~ ~ ~~3. C. ~ ~~rll~%'_~ 13~~L.~~Y6. ~~ ~~, a praposal (Case ~ 2009-1041} has bee~i submit~ed by Caralil~e Becker to the City Council rec~uesti~lg a variance from the Cit~ of Coiui~lbia Hei~hts Zoni~g Code at the fallo~viug si~e: ADDRFSS: 3704 Tytet- Street I`~rE LEGAL DESCRIPTION: On fi1e at City HaIL THE APPLICANT SEEKS THE FOLL,QWIN~ RELIEP: A 4-faat width variaz~ce far the construction of a new detached garage per ~ode Section 9.106 (C}(1}(n~}. ~~~I~E~~, the Plal~nii~~ Coln~l~issio~~ llas held a pitblic hearing as required by the City Zolling Code on Ocfober 6, Zao9; Planz~ina & Zoni~zg Gon~n~ission Mi~utes Page 9 Qctaber 6, 2009 ~~~ ~~~, the City Couneil has considered tl~e advice and recon~7iendatia~is of the Pl~nnulg Co~mnission regarding the effect of the praposed varia~~ce upon tlze Ilealtli, safety, and welfare of the caminu~ity a~id its CompreheF~sive Plan, as «~cll as any coi~cern related to traffic, praperty values, light, air, dan~er of fire, at~d risk ta pu6lic safety, in t11e surrourldit~g area; ~p~, g~~~~~~, ~~ I~ ~~OI,~TED by tlte City Couneil of the City of Coluinbia Heights that the City Council accepts and adopts tile following findings o~ the ~'Ia~mulg Con~missian. 1. Because of tl~e pas~icular physical surranndings, or tl~e shape, configuration, topograplly, or otiier conditions of the s~ecific parcel of land invalved, where strict adherer~ce to the provis'ralrs a~this Ordinal~ce wouici cause undue l~ardship. 2. Tl~e carld'ztians ~apon wl~ich tlie variance is based aa•e unique tc, tiie specific parcel of land ~ZVOlved and are ~enerally not appIicable to other praperties witl~in the same zo~ing ciassificatian. 3. 'I'i~e difficulty ar hardship is caused by the ~~~rc~visians of this Ordinance and has 1~ot been created by any persolz currently 1lavir~~ legal interest in t~le property. 4. The grailtii2g af the variance is in harfnony vsitll ~11e gener°a1 purpase axid ir~tent of the ~olnprehensive Plan. 5. Tl~e grarzti~lg of ti~e variaflce will nat be materially detri~ner~tal t~ the p~tblic ~~e1fa~-e or n~aterially iTisurious to the enjay~nent, use, development or vaI~e of pra~e~-ty or impi-oveanents ir1 the vicil~ity. ~+'ZT~Z'I'~~R, I3~ I'I' ~St3~.~~I~, that tlie attached plans, maps, and ather infoi-~nation shall become part af this variance and appraval; a~2d in gr~FltiFlg tl~is varia~zce tlle city and tlle applicant agree that this v~riance sha11 became z~ull ~~d void if the project has izot been completed within one (1) calendar year after the appraval date, subjeet to petition for renewal of the pei~tnit. CONDITIONS ATTACI~ED: 1. All a~~plication n~ateriais, maps, draw~n~s, and descri~tive i~fonnation submitted witli tl~e a~plication slzall ~ecoine part of t11e permit. 2. `~`he applicant sllall abtain a b~zildirig permit prior to thc coi~structian of t1~e garage. 3. T`he garage shall be architectul-ally eam~atible with the existing ~ri~zcipal structure, incorporating sin~ilar bi2ilding 1z~aterials ar~d calors. ~T~~ ~IT~Il~1~~~ ~ar~ent explaizzed that Jii~znly Jol~~'s l~as sul~initted pla~ls to construct a buildill~ on the old Jiffy Lube site at ~Oth and Cerl~ral. They wauld Iike ta move foF~vard with tl~re project quickly and l~ebin c~nstrLictian yet tl~is fal~. SargP~~t s~id due to tl~e siz~ bf tlie lot, tl~e Arcllitect I-ias coine up with several differet~t site ~lar2s, but eac1~ ane wauld requi~e a variance. Tl2erefore, staff would Ii1ce to set a speciai meetii~g for October 20, 2009, at &:30 pm. for the cammissiozi to consider the variance issues. ~argent said a s~ecial meeting was necessary since legal notices iz2ust be done at least 10 days prior ta the ineeting, sa it couldn't have been iucluded an t11e agenda for this zneeting. Sarge~t explaitzed t1~e lot is small, and they ~ould like to have a drive up winc~ow included in tlz~ design. He said this is a proto type building they have recently started co~zstrueting ta obtain their awn identify. ~Ie told n~ei~bers the building will meet most of t~e desigl~ guidelines azid be a~ice ~it on this small ~iece of pro~erty. It wou~d be difficult to fii7d so~neth.ing else to go on this site a~~d would replace the vacant l~uildii~g cul~e~ltly there. Plalu~ing & Zoriing Can~mission Minutes Page 10 C?ctober 6, 2(}09 Petersoll voiced his coilcern regardi~l~ the targe zlumber of fast food restaurants and auta parts stotes ~,~e l~ave along tl~e avenue. He thought the coznznission shauld maybe ca~~sid~r Iimiting the number of these businesses like we have si~~oke shaps and secoildhand stores. He waildered haw izzany fast faod restaurailts the city could suppc~rt. The otller ~z1e~l~bezs felt that t~le ~narket dictates that a11d that most of those busi~esses do ~narlcet studies befor~ decidii~g ta bu~1d samewi~~re. Sclunitt asked if tl~ere inay be sozne env~iroi~snei~tal issues ar co~ltalniizants o~~ site. Sargent said t1~at 1~asn't yet bee~~ determined. It is possible, az2d ~~.Tou1d have to be c~ealt wit11 in the canstruction ~rocess. The meeting was adjoul-ned at 7:55 p1n. Respectfully submitted, ;~ ~.~ ~~ ~'~~~.~ ~~ ~~ 4r~~ ~~~~ ~~ ~ Shelley ~-Iansa~~ Secretary