APPLICATION NUMBER 5504/5455/4686/4646 A REQUEST FOR PARKING RATIO VARIANCE TO ALLOW 32 PARKING SPACES FOR AN 18,084 SQUARE-FOOT RETAIL SHOWROOM AND 6-EMPLOYEE WAREHOUSE; THE ORDINANCE REQUIRES ONE PARKING SPACE PER 300 SQUARE FEET FOR AN 18,084 SQUARE-FOOT SHOWROOM (61 PARKING SPACES) AND ONE PARKING SPACE PER THREE WARHEOUSE EMPLOYEES (2 PARKING SPACES), FOR A TOTAL OF 63 REQUIRED PARKING SPACES. LOCATED AT 3305 SPRING HILL AVENUE (East side of Ingate Street, extending from Spring Hill Avenue to Old Carline Street) APPLICANT/OWNER JAMES MCALEER AGENT FRANK A. DAGLEY BOARD OF ZONING ADJUSTMENT NOVEMBER 2008
ANALYSIS APPLICATION 5504/ 5455/4686/4646 Date: November 3, 2008 The applicant is requesting a Parking Ratio Variance to allow 32 parking spaces for an 18,084 square-foot retail showroom and 6-employee warehouse; the Ordinance requires one parking space per 300 square feet for an 18,084 square-foot showroom (61 parking spaces) and one parking space per three warehouse employees (2 parking spaces), for a total of 63 required parking spaces. In November 2007 the applicant was granted approval by the Planning Commission for Rezoning, Planning Approval, Subdivision, and Planned Unit Development applications. One of the conditions of approval for the Planning Approval and Planned Unit Development applications was the application for a parking ratio variance, and approval of the request by the Board of Adjustment prior to the issuance of building permits. The applicant was granted the variance in January 2008, but did not obtain permits within the six-month time limit of approval, and the variance expired. Since the applicant now desires to get project permits, this re-approval is requested. Since it was determined by staff s analysis of the original submittal of this request that the applicant had illustrated that enforcement of the standard parking requirements would cause an unnecessary hardship for this type of business and had recommended approval of the request, it would stand that approval of this request would be appropriate, subject to the original conditions. There have been no major changes to the site plan or the Zoning Ordinance which would require further review or conditions. The Zoning Ordinance states that no variance shall be granted where economics are the basis for the application. Furthermore, the applicant must present sufficient evidence to find that the variance will not be contrary to the public interest, and that special conditions exist such that a literal enforcement of the Ordinance will result in an unnecessary hardship. The Ordinance also states that a variance should not be approved unless the spirit and intent of the Ordinance is observed and substantial justice done to the applicant and the surrounding neighborhood. Variances are not intended to be granted frequently. The applicant must clearly show the Board that the request is due to very unusual characteristics of the property and that it satisfies the variance standards. What constitutes unnecessary hardship and substantial justice is a matter to be determined from the facts and circumstances of each application. In this instance, the applicant has illustrated that enforcement of the standard parking requirements would cause an unnecessary hardship for this type of business and the Board should consider this request for approval, subject to the other conditions placed by the Planning Commission approvals.
RECOMMENDATION 5504/5455/4686/4646 Date: November 3, 2008 Based on the preceding, this application is recommended for approval subject to compliance with the following Planning Commission conditions of approval: 1) completion of the Subdivision process; 2) revision, at the applicant s discretion, of the existing parking area to shift some parking to an expanded new parking area, and replacement of the shifted existing parking spaces with landscaping and directional arrows to create a one-way circulation in the existing parking area; 3) compliance with the tree and landscaping requirements to be coordinated with Urban Forestry; and 4) full compliance with all municipal codes and ordinances for the new construction.