Zoning Board of Adjustments Minutes - 05/21/1997MINUTES
BOARD OF ADJUSTMENT
May 21, 1997
PRESENT:
Rainer Hanold, Chairman
0
Roger Murphy
0
Charles A. Peters, III
0
David Seaton
0
John Key
0 Alternate #1
James Heath
0 Alternate #3
David A. Clark, Director of Community Development
0 City Staff
Steve Seese, City Planning Administrator
0
Paul Stillson, Planner II
0
Diane Parker, Recording Secretary
0
ABSENT:
Bobby Redwine
0 Alternate #2
I. CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Hanold.
II. APPROVAL OF MINUTES
Mr. Peters made a motion to approve the April 16, 1997 minutes. Mr. Heath seconded the motion.
The motion was passed with a unanimous vote.
III. VARIANCE
Applicant:
A. V 97-03
Variance to Reduce Exterior Side Setback to 10 Feet
1414 Kemp Blvd.
John J. Hempfling, DDS
BOARD OF ADJUSTMENT MAY 21, 1997 PAGE 1 of 3
Purpose: To allow for the construction of a carport within the 25' exterior
side setback
Property: 1414 Kemp Blvd.
Existing Land Use: Dental Office
Zoning: Limited Commercial
Surrounding Land Use
& Zoning: North: Residences, LC
South: Avenue E, Mental Health Assoc., LC
East: Kemp Blvd., Residences, LC
West: Residences, SF-2
Commentary.
The applicant requests a variance to construct a six stall carport within the 25' exterior side
setback. The applicant owns and operates a dental office at 1414 Kemp Blvd. This is a corner lot
located at the northwest corner of Avenue E and Kemp Blvd. Section 3365 (5) of the Zoning
Ordinance requires a 25' building setback for exterior sides in a Limited Commercial zone. The
variance would allow a reduction of the setback along Avenue E from 25 feet to 10 feet.
Special Conditions/Hardships:
The applicant has cited the following special conditions:
1. "The setback requirements later enacted make the improving of the property for commercial
use impossible. Also, a business on a non -corner lot is not impacted by the exterior side
setback requirement."
2. "The existing structure has existed in its present location since it was built back in the
1920's."
3. "Non -conforming structures are prevalent on corner lots within this Limited Commercial strip
along Kemp Blvd."
4. "Non -conforming structures also exist to the east and west along Avenue E. A variance
would not create an adverse impact on the surrounding neighborhood.
Recommendation:
Staff finds that special conditions do exist. The Limited Commercial area along Kemp Blvd. was
originally developed as a residential area. Many of the original houses have been converted to
commercial establishments. A majority of the structures on corner lots are closer than 25 feet to
the exterior side property line. Some structures were built up to the property line. The primary
reason for the non-conformance is the fact that all of these lots were subdivided as 50 foot wide
residential lots. Due to the trend already established in this area, staff recommends approval of
this variance request.
Twenty-two surrounding property owners were notified of this request. Five (5) or 22.73% replied
in favor and two (2) or 9.09% were opposed. Mr. Seese stated that the five in favor commented
that this would be an improvement to the neighborhood.
Mr. Seese offered the following conditions to be placed on the variance approval:
BOARD OF ADJUSTMENT MAY 21, 1997 PAGE 2 of 3
1. Alley access would be prohibited.
2. No signs on the carport.
3. The parking area will be paved with a hard surface material.
Dr. John Hempfling was sworn in by Chairman Hanold. Mr. Seese asked the applicant if he had a
problem with any of the conditions. He replied he did not; his original intent was to pave with
concrete and to access via Avenue E.
There was discussion regarding the sign condition. Mr. Seese stated a small sign, such as
"Reserved" would be permitted. To questioning, Dr. Hempfling replied that this carport would be
for his staff, with six bays, and with only a roof constructed. Dr. Hempfling stated there would be a
fence in the back of the property for security purposes which would also limit alley access. It was
decided that staff would work with the applicant regarding limiting alley access to the property.
Mr. Key made a motion to grant the variance subject to there being no access from the alley, an
artificial impediment being placed to prevent alley access, no signs of a commercial, advertising
nature hanging from the carport, and that the parking surface be hard surface paving. Mr. Peters
seconded the motion. The motion with conditions was passed with a unanimous vote.
IV. ADJOURN
The meeting was adjourned at 1:41 p.m.
Rainer Hanold, Chairman Date
BOARD OF ADJUSTMENT MAY 21, 1997 PAGE 3 of 3