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HomeMy WebLinkAbout12-05-1996 Public Hearing and Special Called Meetingi • Minutes • MINUTES • Z NING BOARD OF ADJUSTMENT December 5, 1996 Members Present: Acting Chairman Sidney Grant, Board Members Willie Walker, Bob Capen, ~im~tt~r, John Willis, Ruben Salinas Members ~ Absent: Deborah Bernay ~ Si rn~ o l l e r City Staff Present: Director of ~ Planning Guy Rankin, Chief Building Official Art Flores, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee I. CALL TO ORDER Meeting was called to order by Acting Chairman Sidney Grant at 7:00 PM. II. APPROVE NIINUTES OF THE JUNE 27, 1996, MEETING. The Board had no corrections to the minutes and Acting Chairman Sidney Grant declared them approved as presented. III. ADNIINISTER OATH OF OFFICE TO RUBEN SALINAS, RE-APPOINTED MEMBER TO THE LA PORTS ZONING BOARD OF ADJUSTMENT. Assistant City Attorney John Armstrong administered the Oath of Office to Ruben Salinas. IV. CONSIDER VARIANCE REQUEST #V96-002 WffiCH SEEKS A 1.25 FOOT VARIANCE TO THE 10 FOOT SIDE YARD SETBACK REQUIREMENT FOR 0 LOT LINE CONSTRUCTION AS PER ORDINANCE #1501, SECTION 5-700, TABLE B, FOOTNOTE 6. THE VARIANCE HAS BEEN REQUESTED FOR 2601 SOUTH BROADWAY (OLD ffiGHWAY 146), #79, LA PORTS, TEXAS. THE HOME LOCATED ON THLS PROPERTY HAS BEEN CONSTRUCTED WITH A SIDE YARD ENCROACHMENT OF APPROXIMATELY 1.06 TO 1.17 FOOT. THE VARIANCE IS~ REQUESTED UNDER THE PROVISIONS OF ORDINANCE #1501, SECTION 11-606. Mr. Rankin introduced Art Flores as the City's new Building Official. Mr. Flores presented the staff report for V96-002. He began by informing the Board that the variance was requested for a home located at 2601 South Broadway, #79. The home was constructed with a side yard encroachment of approximately 1.06 to 1.17 feet. Mr. Flores noted that the home to the north, located on Lot 3, has a zero penetration, Page 2 of 4 Zoning Board of Adjustment Minutes of December 5, 1996 • one hour rated wall, which reduces building code concerns for the standazd 10 foot fire separation. Staff recommended that the request be approved with the following conditions: • The side setback for the tract in question shall be reduced by 1.25 feet. This change shall be noted on the property survey and deed records of this lot as follows: The side setback for Lot 2; Block 18, of the Woods on the Bay Townhomes, Section 3, is 8 feet, 9 inches. This setback has been established by Vaziance V96-002, granted by the La Porte Zoning Boazd of Adjustment on December 5, 1996. Mr. Flores noted that public notices were mailed to 64 owners of property that were within a 200 foot radius of the tract in question. There were 11 replies received in favor of the request and none returned in opposition. Six were returned undeliverable. The Boazd had some concern that a building permit was issued. Mr. Flores explained that initially, he was told by the contractor that there was a minor encroachment of approximately 6 inches. Mr. Flores felt that the six inches would not create a problem. He did not learn until later that the encroachment was actually more. Staff has been instructed to pay particulaz attention to this .type of situation in the future. The Inspectors have been directed to measure the site if necessary. A. PROPONENTS There were none. B. OPPONENTS There were none. A motion was made by Bob Capen to approve Variance Request ~V96-002, granting a 1.25 foot vaziance to the 10 foot side yazd setback requirement for O lot line construction, with the following condition: • The side setback for the tract in question shall be reduced by 1.25 feet. This change shall be noted on the property survey and deed records of this lot as follows: The side setback for Lot 2; Block 18, of the Woods on the Bay Townhomes, Section 3, is 8 feet, 9 inches. This setback has been established by Vaziance V96-002, granted by the La Porte Zoning Boazd of Adjustment on December 5, 1996. The motion was seconded by John Willis. All were in favor and the motion passed. . ' Page 3 of 4 Zoning Board of Adjustment • Minutes of December 5, 1996 V. CONSIDER VARIANCE REQUEST #V96-003 WffiCH SEEKS A VARIANCE TO THE 50 FOOT REAR, 30 FOOT SIDE SETBACK AND 30 PERCENT LOT COVERAGE REQUIItEMENTS AS PER ORDINANCE #1501, SECTION 7-600, TABLE B. THE VARIANCE HAS BEEN REQUESTED FOR 780 SOUTH 16TH STREET, LA FORTE, TERAS. THE APPLICANT IS PROPOSING TO CONSTRUCT A 16,000 SQUARE FOOT WAREHOUSE BUILDING ON TffiS SITE WITH A REAR AND SIDE SETBACK OF 5 FOOT. ALSO, THE FACILITY'S LOT COVERAGE WOULD BE APPROI~IMATELY 51 PERCENT. THE VARIANCE IS REQUESTED UNDER THE PROVISIONS OF ORDINANCE #1501, SECTION 11-606. Mr. Flores reported that the request was made by Laurel Industries for their property at 780 South 16th Street. Side and rear setbacks of 5 feet are proposed for construction of a warehouse building. In addition they are requesting a variance of 21 ~ for lot coverage, and ~if approved,. would bring their total lot coverage to 51 %, In Heavy Industrial zones the Zoning Ordinance requires a side setback of 30 feet and a rear setback of 50 feet and maximum lot coverage is 30%. Mr. Flores noted that public notices were mailed to 7 owners of property that were within a 200 foot radius of the tract in question. There was 1 reply received in favor of the request and none returned. in opposition. Staff recommended approval of the variance. From a safety standpoint, the Board was concerned with the density of the area. Mr. Rankin told the Board that the Fire Marshal had reviewed the request and posed no objection to the variance being granted. A. PROPONENTS Sidney Grant swore in Thomas Bellanti, Plant Manager for Laurel Industries. Mr. Bellanti answered questions about their product. He assured the Board that there is adequate entry access in the event of an emergency. B. OPPONENTS There were none. A motion was made by Ruben Salinas to approve Variance Request V96-003, granting setbacks of 5 feet for both the side and rear yards and granting 51 ~ lot coverage. The motion was seconded by John Willis. All were in favor and the motion passed. VI. STAFF REPORTS Mr. Rankin informed the Board that the Planning and. Zoning Commission has been working on a plan to deal with. non-conformities within the City. The Board of Adjustment may be asked to hear cases relating to this subject. Page 4 of 4 ~ • Zoning Board of Adjustment Minutes of December 5, 1996 VII. ADJOURN With no other business to wine before the Boazd, Acting Chairman Grant declazed the meeting duly adjourned at 7:50 PM. Respectfully Submitted, Peggy Secretary, Boazd of Adjustment Minutes approved on the ~ day of January , 1997. Sidney Gran Acting Chairman, Board of Adjustment • • Appeal of the Enforcement Officer's Decision #A97-001 • • Staff Report January 09, 1997 Appeal of the Enforcement Officer's Decision #A97-001 Requested BX: Bill & Dorothy Stevens, property owners Requested For: The request is for 2757 Old Highway 146 (So. Broadway), which is further described; by the Harris County Appraisal District, as Tracts 18B and 18F, Crescent View. An azea map is enclosed for reference. (See Exhibit A) ZOning (R-3) High-Density Residential Purpose of Request• The applicant is appealing the decision of the Enforcement Officer to deny a building permit for coirverting a Small Engine Repair business to a Beauty Salon in aHigh-Density (R-3) Zone. The permit was denied under the provisions of Sect. 4-202, which does not allow changing a non-conforming use to a use that does not conform to regulations for that zone. Background• The property in question has two (2) structures which have been located on this property for approximately twenty plus yeazs. These buildings have been used commercially for all of those yeazs. The types of businesses occupying these structures have been a bar, automotive repair and small engine repair. The Warranty Deed is attached for further reference. (See Exhibit B) The applicant sought to have the property rezoned to neighborhood commercial for the. purpose of opening and beauty shop in one of the buildings. The applicants have stated that the best option for them would be a rezoning of the property. However, considerable neighborhood opposition has led the applicant to withdraw their rezoning request. The primary neighborhood concern centers azound "SPOT ZONING" which, if proven, may jeopardize ~ the city's comprehensive plan and or integrity of the zoning ordinance. The comprehensive plan and zoning ordinance call for the elimination and or amelioration of non-conformities. Staff suggests that a property change that is less intensive could be considered an amelioration of the non-conformity. Therefore, a Standard Industrial Classification as determined by staff and approved by the board to be less intense would in effect move this non- conformity in the direction of conformance or amelioration of the non-conformity. Page 2 of 4 Zomag Hoard of Adjustment January 9, 1996 Appeal Request A97.001 Analysis: • Zoning Ordinance Section 11-604 establishes the conditions under which the Boazd may grant an appeal. The guidelines aze as follows: • That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. • That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similazly situated. • The decision of the Boazd must be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws and the Comprehensive Plan of the City of La Porte. Conclusion• The existing "small engine repair" business is identified as Standazd Industrial Classification Code (SIC) #7699 while the proposed :"beauty shop" is identified as SIC #7231. The current use of the property is anon-conforming use, that currently would be only allowed under our Zoning Ordinance in the General Commercial Zone Classification. The use you propose i.e., a "beauty shop" is a use that is permitted in the Neighborhood Commercial Zone in our Zoning Ordinance, which is more restrictive than the General Commercial Zone. Thus, the use proposed for the property is more restrictive and less obtrusive on surrounding properties that the use which is currently existing on the property, albeit in non-conforming status. Section 4-200 of the' Zoning Ordinance of the City of La Porte, which provides".... that non- conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible....". In addition, Section 4-200 requires the elimination or amelioration of non-conforming uses so as to protect .the chazacter of surrounding properties. It is clear to Staff that the beauty shop that is proposed is more in character with the surrounding neighborhood, and has less of an adverse impact on surrounding properties, than the small engine repair shop that currently exists in the structure. • Page 3 of 4 Zoning Board of Adjustment January 9, 1997 Appeal Request A97-001 Therefore, since the use proposed is less intense than the use that currently exists, Staff feels that the directives contained in Section 4-200 of the Ordinance would be upheld and maintained, and Staff supports the application to the Zoning Board of Adjustment for purposes of ameliorating the adverse impact of the property on the surrounding neighborhoods. Current site information is provided for reference. (See Exhibit C) However, to accomplish this objective, Staff would require that the site specific ~ conditions brought forward by Staff at the Planning & Zoning Commission meeting on November 21, 1996, and carried forward in the P & Z's recommendation to City Council, be maintained. Those conditions are: 1) 2) Existi 3) The new ing (6 %) should be provided at the site and maintained in the future. be changed to a dust free material (asphalt). area be striped to comply with current parking requirements. 4) Any dumpster to be located on the property should be located at the fear of the property and be screened from public view. After further review Staff recommends one additional condition for approval. The residential area directly behind the two (2) buildings would be provided ~ additional protection by the installation of a fence as shown on Exhibit D. Staff suggests this be completed prior to the opening of the beauty shop. Landscaping as shown on exhibit D would be aesthetically pleasing and identify the two (2) driveway entrances. The proposed changes would improve driveway site improvements with current zoning regulations. - • Page 4 of 4 Zoning Board of Adjustment January 9, 1997 Appeal Request A97-001 Appeals: As per Section 11-610 of Zoning Ordinance 1501: r~ Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the City of La Porte may present to a court of record a petition for a writ of certiorari, as provided by Vernon's Texas Codes Annotated, . Local Government Code, Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the .illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board of Adjustment. ~ . ~ L~ . .,; ,~- , ~ ~~ ~,,,; o , ,, ~' 1' ~ ."E':s .''aE. .j4Y'.,' ~~ : _ gfi'SM.: '.,:.d s9: Y.':. `' • EJ(A9 ~ • ~ • Ao •//,,,,; ,:::~~~., ~~~ ~ o~ L~~ forte m ~ :: Estab[isli~d 1892 ~, RECEIVED INSPECTIONS i~-i -9~ Building Mechanical ~ *Electrical *Plumbiag (* See back. of form) Project Address : y~151 ~ ~~ ~1~{.( Lot : ~ o ~ ~ ~ r Subdivision: ~. ~-)~U1~ Owner's Name: 1u~1~Prnn~ ~ `~o~m~a S~'~U ryn~5 Address • 3~ ~~~~~fi~ ~ ~ Street ~ Ci y Block: Phone • y 10 • ~ ~ LQ f~ `77S 2 ~ Zip Contractor: ~ Phone: Address- Street City ~ Zip Engineer: Designer: Hui ldiag IIs e : ~ ~'aU~~- S'~~ O'tiQ Sq. Footage: ~ ~ a F°n~- # Stories :~ ~ ~Valuatioa: Describe Work: Con y erf Srnall ~n4ine. ~{~ol ~` ~ LS i n PS.S to 'k3~.atu ty SU I O n For City IIse Only Occupancy Type ~ Flood Zone ~_ Class Work ~C R Sq. Ft. '- Construction Type ~~ IIse Zoae (~Z-3 # Stories ~_ Parking requested Commercial Buildings Places Oa1y-Fire Marshal Approval Date: Checked/Approved for Issuance By: Date: Revisod 03/12/96 ea• p•=•~PF ~'.1. ~. ~)~ ~+: ~ ~ ~ 7 • l.:l ~~i ~ffc'~ TC~(:1~ 1 ? !'. I i 1 i • (t ~ !~ '} i ~ -71~.~'.~' Permit No. - Permit Fee S (attach to actual permit) • O~ ~~•~ ~ A -,,. ,- m ~, ~~: ~. ti, Texos December 19,1996 Mr.& Mrs. Stevens 302 Fairfield La Porte, Texas 77571 • ~~~y ~~ ~~ ~o~t~ Estnhlisheci 1892 RE.: Permit application for a Beauty Salon, at 2757 Old Highway 146 (South Broadway) Mr.& Mrs. Stevens: I have reviewed your permit application for the conversion of a small engine repair shop, to a Beauty Salon at 2757 Old Highway 146 (South Broadway). Staff has reviewed the azea in which you are proposing to locate your beauty salon and found that the azea in question is presently zoned ~as R-3. A Beauty Salon is not an allowable use in an R-3 zone, therefore staff is unable to grant you this permit. Mr.& Mrs Stevens, section 11-600 of the City of La Porte Zoning Ordinance has created a Zoning Board of.Adjustments to whom you may apply for an appeal. Such an application. would be supported by staff pursuant to the City's directive contained in Section 4-200 of the Zoning Ordinance of the City of ];.a Porte, which provides that non-conformities in the use and development of land and buildings aze to be avoided, or eliminated where .now existing, wherever and whenever possible...". In addition, Section 4-200 requires the elimination or amelioration of non-conforming uses so as to protect the character of surrounding properties. It has been and is cleaz to Staff that the beauty shop that you propose is more in~character with the surrounding neighborhood, and has less of an adverse impact on surrounding properties, that the small engine repair shop that currently exists in the structure. Therefore, since the use you propose is less intense than the use that currently.exists, Staff feels that the directives contained in Section 4-200 of the Ordinance would be upheld and maintained, and Staff would support an application to the Zoning Boazd of Adjustment for purposes of ameliorating the adverse impact of the property on the surrounding neighborhood. Res ectfully, Arturo loves Building Official City of La Porte cc. Guy Rankin ~,.~_~.i'~~'rl~~i a i..l~ii~:~.l~'ti:lti/ ? _.j~i^ • (!~?~1l~-lL]~l ,- • CITY OF LA PORTE • ZONING BOARD OF ADJUSTMENT ~~ - APPEAL OF ENFORCEMENT OFFICER'S DECISION --------------------------------------------Application No---- ~ _-oo OFFICE USE ONLY: Date Received: /~-/9- 9(0 ----------------------------------------------------------------------- Applicant• Bill & Dorothy Stevens • ~ Name 302 Fairfield - La Porte, Tx 77571 pH; 470-2324 Address I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner*: Same - Name Address PH: -I am appealing the decision regarding or the interpertation of Sect. 4-202 of-the City Zoning Ordinance No-. 1501. I am making this appeal in regards to the-property located at '2757 Old Highway 146. Tracts 18B & 18F; Crescent View - Street Address - Legal Description ( ) Site Plan ( ) Minor Development Site Plan ( ) Major Development Site Plan ( ) General Plan 4 Site Plan of the property is attached. Also, I have listed the information requested below on the following pages of this form. a) All facts concerning the matter that has led up to this request. b) The type. of relief I am seeking (setbacks, lot coverage, etc.). c) The grounds upon which I am .making .this request. * If applicant is NOT the .owner, he must provide Authorization to act on the Owner's behalf. - ~~ ~~ ~ ~ ~~ - Date Ap licant's Signature ---=--------------------------------------=---------------------------- OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes ( ) No ( ) Date transmitted to the Board of Adjustments: P4eeting Date: Applicant notified of Date: Board's Decision: - Approved ( ) Denied ( ) Notice of Board Decision mailed-to Applicant/Owner: . '. • PAGE 2 If there is.not adequate room on the remainder of this form to list all pertinent information, please feel free to attach~an additional letter or any information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS -'•iATTER: Both existing structures have been used commercially for twenty plus years. The size of the property makes it difficult to develop a~profitable R-3 development. TYPE OF RELIEF BEING SOUGHT: Be allowed to convert the existing commercial structure from a small engine repair business (SIC #7699) to a beauty salon (SIC #7231). GROUNDS FOR THE REQUEST: A beauty salon is more in character with the surrounding neighborhood and would have a less adverse impact on surrounding properties. CED/1-'$7 • • EXHIBITS EXHIBIT A: AREA MAP EXHIBIT B: WARRANTY DEED EXHIBIT C: SITE PLAN SHOWING "EXISTING" SITE EXHIBIT D: SITE PLAN SHOWING "PROPOSED" SITE EXHIBIT E: OUTLINE OF NON-COMPLIANCE ISSUES • a ~ s a m 8 w a m W 0 Z W W J ~ 3 o v '~ ~ W a o s i . o z z a c ~ v i d o m ~ o. ~ Vf VI O. O Z U ~ m J W ~ C ~ W J K ~ J 1-~ H W 1 D W J ~' m C O J V Z W= ~I = W ~ V W 3 h VI V N (Jy Q J Q ~ ~ J Y W Z W I N C Z O V ? d d O O O i ® ® ~ ® ® ® ®~ I 1 • WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § , THAT THE UNDERSIGNED, W. J. HUBER, heroinatter called "Grantor", whether ono or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable wnsideration to the undersigned in hand paid by .the Grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by rho Grantee of chat one certain promissory note of even date herewith in the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), payable to the order of Grantor, as therein specified, providing for axeleration of maturity and for attorney's fees, Ure payment of which note is secured by the vendor's lien herein rotained, and is additionally secured by a deed of trust of even date herewith to SHERRY D. TAVEL, TRUSTEE, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto WILLIAM B. STEVENS, III. and wife, DOROTHY E. STEVEN$ herein referred to as "Grantee", whether one or more, the real property described as follows, to-wit: A tact of land Si~five (65) fret by Onc Hundred (100) feet out of the Northwest comer of Lot No. Eighteen (18) of CRESCENT VIEW SUBDIVISION, a part oftho W. P. Hams Survey, in Hams County, Torras, said trod being in Ute shape of a parallelogram fronting Sixty-five (65) fret on the County highway and running back along the East side of said Lot No. Eighteen (18) between parallel lines Ono Hundred (100) foci for depth; less and except, however, the portion off' of the West side of said tract Ircrctofore conveyed by Melbourne Realty Company to State of Texas forthe purpose of widening said County highway, by Deed dated November 7,1935, and recorded in Volume 1006, Page 137 of the Decd Records of said County, and; Seventy (70) by One I;undred (100) feet out of the Southwest comer of Lot No. Eighteen (18) of Crescent View, a part of the W. P. Hams Survey, as per map recorded in Volume 655, Page 359 of Urc Deed Records of Harris County, Texas; said property being a tract in the shape of a parallelogram in the Southwest comer of the said Lot No. Eighteen (18), fronting Seventy (70) fed on the County lughway and running back between parallel lines along Crescent Avenue, One Hundred (100) fed for depth, loss and except the portion of said tract heretofore wnveyed by W. W. Parsons to the State of Texas, for widening rho County highway, by Deed of Record in Volume 909, Page 270 of the Deed Records of said County, together with all improvements thereon situated, and being the same property conveyed by Mattio Pearl Parsons and husband, John Harrison Parsons, to W. J. Huber and Clifford E. Morgan, by Deed dated the first day of February, A.D. 2946. R This conveyance, however, is made and accepted subject to any and all restrictions, encumbrances, easements, covenants and conditions,• if any, relating to the hereinabove described property as the same are Filed for record in Ute County Clerk's O[lice of Harris County, Texas. U,~'1e- 1~Cd' R t • • TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenans;es thereto in anywise belonging, unto the said Grantee, Grantee's heirs, executors, administrators, successors and assigns forever, and Grantor does hereby bind Grantor, Grantor's.heirs, executors, administrators, successors and/or assigns to W ARRANT AND FOREVER DEFEND all and singular the said promises unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns against every person whomsoever claiming or to claim the name or arty part theroof. But it is expressly agreed that the Vendor's Lien, as well as Superior Title in~and to the above described pranises, is rdaincd against the above described property, premises and improvements until the above described note and all irderest thereon sire fully paid according to the face, tenor,. effect and reading thereof, when this Deed shall become absolute. Current ad valorem taxes on the property having been prorated, the payment thereof is assumed by Grantee. EXECUTED this ~~3 r~day of August, 1996. Grantee's Address: Boa Fa.~r~,~ Pd I.a,P~~-i-~.~,~~s~~ X~ W.~ BER THE STATE OF TEXAS ~ § _ § COUNTY OF HARRIS ~ § The foregoing instrument was acl:nowledgea before me on the a~~day of August, 1996, by W. J. Huber. ~ydCC/Yllllllf+C~ BEVERLY J. BECKER NpTA*Y PUWQ fTATt Of TtxAa ~ ~ y MIY CpMM1apOM a%AN[a FEB. 19. 1997 AFTER RECORDING RETURN TO: ~a'1~V OTARY PUBLIC ATE OF TEXAS PREPARED M THE LAW OFF1C6 OF: Sherry D. Tavel Aaomey at taw zzot center . Deer Puk, Texan 77536 •,. ~ti~81t B . :, ~~~d~ ADDED LANDSCAPING: A 20~ x 2~ (ON R-O-W) c~ 2s' X i' WOODS ON THE BAY SEC. 2 A N.T.S. v EXISTING W AUTOMOTIVE ~, REPAIR ~' B N-~ ~- ° ~r I A a . 0 .~ d A d C O C~ ~ ~ ~ O I I ~ ~ ~ ~ I W ~ ; SMALL ENGINE ~~ a REPAIR SHOP ~ 0 2757 ~ ~ ,~ ~ I . ~W L5, ~-~f--~~ N CRESCENTVIEW EXHIBIT C ® PROPOSED LANDSCAPING 't 1. ExlsnNC LANDSCAPING WOODS ON THE BAY SEC. 2 ~;: :;~ .,. ~. ,,:~ N.T.S. o O N O EXISTING W ;~ MOTIVE REPAIR ~' :~ 'L I ~ 5A c ~ '`~ ~ ~_ ,~.,.~ U IO A O I `. A ~ ~ o ~O ;~, W O N w 2 W ~ : N O ~~ ~ •A ~ ~I I O • I ~ ~ PROPOSED O v - ~ ~ ~ ~ BEAU TY SHOP ~W . _ 4. - o , I ~ 2757 ,~ ~" ; ~ ~ of I 5B 4 ~ 4 ' s' ~. o O BUILDING ~" o O IXtIVE WIDTH ., O 'PARgNG SURFA(~ a ®``""° ~'~ ~ CRESCENTVIEW O fENCINC ~' CGNSTRUCTIDN B.) r~PaR ~ EXHIBIT D ~ s. Non-Conforming Issues Matrix Non-Conforming Ordinance 1501 Current Site Development Proposed Site Improvements Issues Requirements Non-Conforming Issues Amelioration of Non-Conformity and Adjustments to be Considered by Board of Adjustment Building Use Property zoned R-3. Current non-conforming Proposed Beauty Shop Use would Current use is use may continue. essentially change the non commercial (small conformity to a less intensive non- engine repair) anon- conforming use, thus reducing the conforming use. nonconformity by amelioration. Drive Information R-3 Drive Width 12' to 25' ~ 1 drive 23' & 1 drive 80' ~ 1 drive 23' & 1 drive 25' & 1 exit drive 12' Commercial Curb 10' to 15' ~ No defined radius ~ 10' to 15' Return Radius Distance from 40' Min. Driveway at intersection 40' from intersection Intersection (Comm.) Spacing between 10' Min. 30' Acceptable 30' Driveway (R-3) Driveway Distance 3' Min. (R-3) None ~ 17' from. side lot line from Side Lot Line Intersecting Angle 90 None ~ 90 Approach Grade . 5 9b Max. None ~ 5 ~ Max. Parkins Information Pazking Surface Pazking areas & Various materials not dust- Applicant proposes suitable dust- driveways surfaced to free: free material within 6 months. control dust/drainage. Striping Spaces mazked with No spaces striped. 45 degree striped spaces painted lines. recommended. Pazking Spaces Use determines No spaces identified. 4 pazking spaces number. Miscellaneous 10-606 Maintenance Landscaping/surfacing No maintenance on Maintenance is required. /striping/fencing must landscaping/surfacing/ Landscaping to be approved by the be kept adequately. striping/fencing. Director of Planning. Landscaping 6 % required. No Landscaping. 696 recommended. Fencing Not required. Fence (buffering R-1) Fence recommended for buffering missing; in poor condition. of R-1 azea. See Exhibit D. Exhibit E i 1996