Zoning Board of Adjustments Minutes - 12/20/19942111111111
MINUTES
BOARD OF ADJUSTMENT
DECEMBER 20, 1994
PRESENT:
Tom Hill, Chairman
Dr. Edwin C. Bebb
Roger Murphy
Charles A. Peters, III
Jane Hermann
David A. Clark, Director of Community Development
Steve Seese, City Planning Administrator
Paul Stillson, Planner II
Diane Parker, Recording Secretary
ABSENT:
W. O. "Bill" Franklin
I. CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Hill.
. Members
•
• Alternate #1
. Alternate #2
• City Staff
•
• Member
II. APPROVAL OF MINUTES
Mr. Murphy made a motion to approve the January 19, 1994 minutes. Dr. Bebb seconded the
motion. The motion was passed unanimously.
III. VARIANCE
A. V 94-02
Applicant:
Property Owner:
Requested Action:
Purpose:
Property:
Existing Land Use:
Zoning:
Surrounding Land Use
& Zoning:
Mark A. Smith, General Manager
Custom Wholesale Supply
T. A. Litteken & Sons
Variance
Reduce the minimum front setback from 25 feet to 15
feet.
3701 Gregory Street
Unplatted
Vacant
Heavy Commercial
North: Vacant, HC
South: Railroad Spur, Vacant, HC
East: McCoy's Building Supply, HC
West: Vacant, HC
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DFCFMRFR 20.1994
Commentary
The applicant requests a variance to construct within 15 feet of the front property line
instead of the 25 feet required by the Zoning Ordinance Section 3550. The property is a
1.87 acre unplatted tract that is south of an extension of Gregory Street and north of a
private railroad spur. Because Lowe's Home Improvement Center has contracted to
purchase the applicant's current location (Custom Wholesale, 3710 Gregory), he is
relocating here, south of the Lowe's site.
Special Conditions/hardship:
0 The applicant has cited the following as special conditions/hardships:
1. "The curvature of existing railroad tract renders a large portion of the lot unusable."
2. "The railroad track has been in place for many years and has been abandoned in
some sections of the district."
3. "Note that this situation is unique in that it does not apply to others in the district.
Others in the district have full use of their lot not encumbered by the curvature of the
railroad track."
4. "Other buildings in the district use the front of their property for customer parking (
i.e., McCoy's and the proposed Lowe's) This would simply allow us the same benefit
as others in the district to provide additional parking area."
Consistent With Zoning Ordinance Intent:
The intent of the setback provisions in the Zoning Ordinance is to accomplish the following:
a. promote the orderly development of land,
b. prevent overcrowding for health, public safety and fire protection purposes,
c. establish a sight corridor for vehicles,
d. assure room for future street expansion.
The City has adopted a setback of twenty-five feet from the front property line as the
appropriate setback to accomplish these purposes.
Conditions on the applicant's lot: The applicant's lot is a vacant, unplatted,
undeveloped lot, 1.87 acres in size.
Conditions in the general area: There are no existing structures along this street that
are closer to the building line than twenty-five feet. The proposed Lowe's store will
conform to all setback requirements. None of the buildings on McCoy's property are closer
to the property line than twenty-five feet.
Staff Analysis:
Staff chooses to offer comments to the applicant's contention of special conditions or
hardships.
1. The boundary formed by the railroad spur does not divide the lot in to a particularly
irregular shape. It is large enough to fit many options for building sizes and
locations.
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2. When governments or utilities take right-of-way by eminent domain, they do
occasionally create oddly shaped parcels. These conditions can be hardships as
the property owner must sell and has no control over shape of the remaining
property. However, here the spur property is privately owned, installed to benefit
the property by providing rail service, not the result of condemnation by the railroad.
Since it is not 'a railroad right-of-way, the spur does not present the same obstacle
to development that a main track would. Tax records show the rail spur is a
privately owned tract, owned by Glen Harris.
3. Although the parcel is an irregular shape, it is not unusable because of its size (1.87
acres). With same minor changes in design, the proposed project could be built
with a 25-foot setback. The hardship claimed is a self-created one, as the proposed
building is simply too long to fit on the lot in the proposed location. Parkinq
requirements may also require that more land be dedicated to parking.
4. The applicant cited examples of other businesses (McCoy's and Lowe's) with
parking in front. In both cases, the buildings have setbacks of more than the
minimum 25-foot requirement, and use the setback area for parking.
Recommendation:
The applicant has not shown that special conditions exist on this lot; therefore staff cannot
recommend approval of this request.
Mr. Seese stated the applicant claims he can not move the building due to the railroad right-of-
way. Mr. Seese further stated that, since this building is not existing, the design could be
changed; however, the applicant was not present to address that matter. He also stated that
parking could be changed to accommodate the shape of this lot. He commented that there was
no hardship in the case.
Mr. Peters remarked that the dimensions of the building could be changed and he felt there was
no hardship.
Mr. Murphy concurred with Mr. Peters stating there was no hardship in his opinion.
Mr. Peters made a motion that the Board of Adjustment agree with the City staffs recommendation
to not approve this variance. Dr. Bebb seconded the motion. The members voted as follows: Mr.
Peters - against approving the variance; Mr. Murphy - against approving the variance; Dr. Bebb -
against approving the variance; Chairman Hill - against approving the variance.
IV. Adjourn
The meeting was adjourned at 1:40 p.m.
Tom Hill, Chairm
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