Zoning Board of Adjustments Minutes - 02/21/2001MINUTES
BOARD OF ADJUSTMENT
February 21, 2001
PRESENT:
John Key, Chairman 0 Members
Willa Burgess 0
Thomas Cross 0
Don McKinney 0
Les Seipel 0
David A. Clark, Director, Community Development 0 City Staff
Paul Stillson, Planner II 0
ABSENT:
Rainer Hanold 0
Michael Norrie 0
Charles A. Peters, III 0
J. D. Ruiz 0
I. CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Key.
II. APPROVAL OF MINUTES
The minutes of the November 14, 2000 and January 17, 2001 meetings were approved
as submitted.
III. REGULAR AGENDA
1. Variance to Eliminate the Paving Requirement
502 Wichita Street
V 01-03
Applicant ......................................Roby E. & Renee Christie
Requested Action.........................Variance
Purpose........................................Special request: Convert more than half of the current
BOARD OF ADJUSTMENT • PAGE 1
gravel parking lot into landscape with grass, trees and
bushes while maintaining the remainder of the
parking area as gravel. The handicap parking space
will be adjacent to a paved sidewalk and will be paved
as well.
Property........................................502 Wichita Street, S 66 ft. Lot 16B, Block 75,
Original Townsite
Zoning ..........................................River Development District
COMMENTARY
The applicant is in the process of remodeling his building for a bicycle shop. The
building faces Wichita Street, in an area called "Berend's Landing." The parking lot
surrounding this property is gravel and has never been paved. The applicant has
stated that the gravel parking is part of the character of the district. However, the
parking ordinance requires hard -surface pavement. The applicant desires a variance
from that part of the ordinance. He will pave the handicapped parking space and
access to the building.
Under Section 6210 (5) of the Parking Section of the Zoning Ordinance, all drive
surfaces shall be hard -surfaced with HMAC or concrete suitable for continued use by
vehicles of the type intended. The City may require details of paving sections, and
modifications thereof, prior to plan or permit approval to ensure function and longevity
for the intended use. Proposed alternatives to address the intent of this provision shall
be considered on a case -by -case basis.
The applicant has stated the following as justification for this request.
QUALIFYING CRITERIA
a. That special conditions or circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
lands, structures, or building in the same district.
Applicant's statement: "The area known as Berend's Landing with its 100-year
old grain elevator and vintage feed store, has a special rural character that would
be lost if the parking areas were to be paved. 502 Wichita is the gateway to
Berends Landing and for aesthetic and practical reasons should remain a natural
surface. Berend's Landing has hosted equestrian events, adventure races, off
road cycling and outdoor enrichment events that are best presented in the rural
atmosphere of the Landing. Berend's Landing is at the dead end of Wichita
Street. It is not in the main stream, it is discoverable and should keep its unique
character."
Staff response: In prior cases, existing conditions in the surrounding area have
been considered as special conditions.
b. That the special conditions and circumstances do not result from the
actions of the applicant.
BOARD OF ADJUSTMENT • PAGE 2
Applicant's statement: "The special circumstances are the result of 105 years of
community evolution. The Landing was industrial, agricultural through out its
history. Streams and Valleys has rescued the property from blight and been
successful developing the property for Natural Adventures. 502 Wichita was
purchased to protect the use and character of the Landing. 502 Wichita was
previously a place of violence and alcohol. It is to become Texoma Cycle Sport.
The cycle shop will add value to the cultural and business use of the enclave but
needs to do so in like character. The street provides no drainage. The natural
porous surface allows the water to be absorbed into the earth."
Staff response: The applicant purchased the property as is and did not create
the existing conditions.
C. That literal interpretation of the provisions of this Ordinance would deprive
the applicant of a right commonly enjoyed by other properties in the same
district under the terms of this Ordinance.
Applicant's statement: "The ordinance comes into effect because the
commercial property was vacant in excess of two years. 502 Wichita remained a
bar until the plan to convert its use was submitted. Although the building was
vacant, it remained Rumors Bar until the sign was removed two weeks ago. The
bar itself is still in place."
Staff Response: If properties are vacant for more than two years, then they lose
their non -conforming status. Although the bar fixtures remain, the water service
was discontinued at this location October 26, 1998, and therefore considered as
vacant.
d. That the granting of the variance would otherwise be in harmony with the
objectives of this Ordinance and would not confer upon the applicant any
special privilege that is denied by this Ordinance to other lands, structures,
or buildings in the same district.
Applicant's statement: "Granting the variance would not confer any special
privilege. Our only neighbors on Wichita, Bridge Street and Old Burk Road have
parking areas paved with crushed stone."
Staff response: The special conditions in the neighborhood may constitute a
special condition. However, similar situations have required paved parking.
Staff feels that the Board will need to decide if there is sufficient evidence to support the
claim of hardship or special condition.
EVALUATION CRITERIA
In evaluating a variance request once it has been determined by the Board that the
request qualifies to be heard by the board, Section 7340 of the Zoning Ordinance
requires that the following criteria be used:
BOARD OF ADJUSTMENT • PAGE 3
a. The granting of the variance will not be contrary to the public interest.
The public purpose of requiring a paved parking lot is so that an all weather
surface is present for the parking at all times, and to prevent loose gravel being
carried onto the street by car tires. Wichita Street is not paved at the location
where cars would exit the lot, so gravel in the street is not a problem here.
b. Special conditions exist, other than financial hardship alone, whereby a
literal enforcement of the terms of the Ordinance will result in unnecessary
hardship to the owner of the land.
Staff recognizes that this area has been developed without paved parking.
However, staff is concerned that the equity of the paving requirement applies to
all uses.
C. The variance will not permit an activity upon the land, which is not allowed
by the terms of the Zoning Ordinance.
The property is zoned River Development District. A bicycle shop is a permitted
use in this district.
d. The granting of the variance:
Is consistent with the intent of this Ordinance;
The intent of the regulation requiring hard surface paving was to protect
public streets from gravel and other materials being carried out into the
street causing a safety and maintenance problem. The other intent of the
ordinance is to provide all-weather access for parking.
Is in harmony therewith;
The ordinance recognizes the problem of development accomplished
before the ordinance was adopted. If the building had not been vacant for
two years, the gravel parking could have continued without a variance.
Will not be injurious to the neighborhood;
Allowing this gravel parking to continue may not adversely impact the
surrounding neighborhood. Staff has concerns that should the rest of the
neighborhood redevelop, this would allow non -paved surfaces for parking
prove to be injurious to the area.
Or detrimental to the public welfare.
The only element that can be identified by staff that could be a determent
is the foregoing reasons for requiring hard -surfaced paved parking, and
the character of the area in the future.
BOARD OF ADJUSTMENT • PAGE 4
RECOMMENDATION
Staff recommends that the Board carefully consider the possible future impacts of
granting this request.
To questioning regarding the RDD district, Mr. Stillson outlined the boundaries of the
district. Mr. Clark added that this district was created to encourage tourism
development. Mr. Seipel stated this variance could create a precedent. Chairman Key
expressed concern for items "a" and "c". He questioned the requirement to pave the
parking lot since the street was not paved. Mr. McKinney commented that the applicant
had no control over the technicality causing this variance action to be considered.
Mr. McKinney made a motion to hear this case based on the fact that it does meet the
qualifying criteria. The motion was seconded, and passed with a vote of four (4) in
favor and one (1) opposed.
Mr. Roby Christie was sworn in by Chairman Key. Mr. Christie gave a brief history of
Berend's Landing. The proposed bicycle shop is opening in the previous location of
Rumor's Bar. He explained that, if the parking lot were to be paved, it would collect
gravel from cars driving from the [gravel] street into the lot.
Chairman Key asked if hardships, other than financial, exist. In an attempt to assist the
applicant, Mr. McKinney stated that the City has not properly maintained the street [by
not paving it] and we should not require paving. Mr. Cross mentioned that he had
driven by after a rain and it was a disaster. He then commented that when the City
upgrades the street by paving it, then consideration for paving the parking lot should
occur. Staff was not aware of any future plans for paving the street.
Mr. McKinney made a motion to grant the variance with the condition that when the City
paves and installs gutters on Wichita Street the landowner will be given one (1) year to
bring the parking lot up to the City standards, for commercial parking lots, that are
appropriate at that time. Mr. Seipel seconded the motion. The variance was granted
with a vote of four (4) in favor and one (1) opposed.
IV. ADJOURN
The meeting was adjourned at 2:40 p.m.
John Key, Chairman Date
BOARD OF ADJUSTMENT • PAGE 5