Review of the request to approve Case No. BZA-CU-07-01 an application for a conditional user to permit the establishment of an oversized garage/shop at 526 S. 1st - Corey Cress
Commissioner Vicky Blasi called the public hearing to order at 7:32 p.m. She stated that the public hearing on Case No. BZA-CU-07-01 was pursuant to Section 10-108 of the City Zoning Regulations requesting a conditional use as an exception to permit the establishment of a garage/shop with the dimensions of 50' long by 30' wide or 1500 sq. ft. on property zoned as the R-1 Single Family Residential District.
Commissioner Blasi laid out the ground rules and questioned if any of the Board members intended to disqualify themselves from hearing the case due to them or their spouses owning property in the area of notification or had conflicts of interest or a particular bias on the matter. Hearing no disqualifications Commissioner Blasi declared that a quorum of six (6) was present for the hearing.
Commissioner Blasi stated that according to the Secretary that notice of the public hearing was published in the Mt. Hope Clarion on March 1, 2007 and notification was mailed to the applicant and 14 real property owners of record in the area of notification on March 1, 2007. She stated that unless there was evidence to the contrary that she would declare that proper notification had been given in order for the Board of Zoning Appeals to hear the case. No evidence to the contrary was presented.
Commissioner Blasi questioned if any of the Board members had received any ex parte verbal or written communications prior to the hearing which they would like to share with all the members. Hearing none she called upon the Zoning Administrator, Diana Brooks to provide the Board members with a background report on the case.
Ms. Diana Brooks, Zoning Administrator, stated that the application was made for a conditional use as provided in the Zoning Regulations to permit the establishment of a garage/shop area with the dimensions of approximately 1500 sq. ft. She stated that the regulations call for 750 ft maximum and if that size is deviated from the applicant had to come before the Board of Zoning Appeals and request a conditional use permit. She state that Mr. Cress had a large lot and with the addition of the 1500 sq. ft accessory structure the total lot coverage would be 11%. She reviewed the layout of the buildings on the property, the attached statement submitted with the application and stated that everything was in order as required by the regulations.
Commissioner Blasi called upon the applicant to make a presentation on the request and respond to any of the information given by the Zoning Administrator. Mr. Corey Cress, 526 S. 1st requested to build a shop large enough work on equipment and vintage cars to keep from driving to Kingman to work on various items.
Commissioner Gegen clarified that the purpose was mainly for working on automobiles. Mr. Cress stated this was correct and the equipment would only be what could be transported on a car trailer.
Councilwoman McLain questioned the paving of the driveway to a residential garage. Ms. Brooks stated that it had to be an asphaltic material. Mr. Cress stated he had asphalt on the existing driveway that would be used to access the building.
Councilwoman McLain questioned if Mr. Cress was going to build the building himself. Mr. Cress stated he would with the help of a fellow teacher.
Commissioner Blasi called for public comments, hearing none questioned if there had been any written communications or petitions from the public. Ms. Brooks stated that there had been none.
Commissioner Blasi hearing no further public comments closed the public hearing at 7:40 p.m.
Commissioner Blasi stated that the Commission would consider the request and asked the Board members to determine if the request was one of the instances under which the Zoning Regulations specifically authorized the Board of Zoning Appeals to grant a conditional use as an exception. According to the Zoning Regulations, the establishment of a garage/shop with the dimensions of 50' long by 30' wide or 1500 sq. ft. in Section 6100 B1 Accessory Uses of the R-1 Single Family Residential District is a listed conditional use and therefore, does permit the Board to consider its approval.
Commissioner Blasi stated that in determining whether the evidence presented supported the conclusions required by Section 10-108C the Board should consider the appropriate finding of fact:
Commissioner Blasi asked if everyone had visited the address and was clear on what was being discussed. There was a consent that everyone knew where and what was being discussed. Mr. Cress stated that the building would go on the south driveway.
1. The proposed conditional use complies with all applicable regulations, including lot size requirements, bulk regulations, use limitations and performance standards; unless a concurrent application is in process for a variance.
Commissioner Blasi stated that Mr. Cress had an extra large lot and questioned if a building this big was within the bulk regulations. Ms. Brooks stated that he was within the requirements.
Yes
2. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood.
No
3. The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:
a. The location, nature, size and height of buildings, structures, walls and fences on the site; and
b. The nature an extent of landscaping and screening on the site.
Not applicable
4. Off-street parking and loading areas will be provided in accordance with the standards set forth in Article 5 of these regulations. Such areas will be screened from adjoining residential uses and located so as to protect such residential uses from injurious effects.
Not applicable
5. Adequate utility, drainage and other such necessary facilities have been installed or will be provided by platting, dedications and/or guarantees.
Ms. Brooks stated that there were intentions to put a propane tank on the property to heat the garage. She stated that the Fire Chief indicated that this was appropriate and would work with Mr. Cress as to where to properly place the tank.
6. Adequate access roads, entrance and exit drives and/or access control is available or will be provided by platting, dedications and/or guarantees and shall be so designed to prevent traffic hazards to minimize traffic congestion in public streets and roads.
Not applicable
Commissioner Blasi called for discussion on the six items. Commissioner Gruenbacher questioned if conditions needed to be placed on the permit that if Mr. Cress went into business that he would have to come back and present a screening plan. Ms. Brooks stated that the City was protected a business was not allowed in the R-1 Single Family Residential District.
Commissioner Gegen questioned if there were any easements on the site. Ms. Brooks stated that she had not seen any, and checked the City's utility map which indicated that the sewer line was on the Stolz property.
Commissioner Blasi called for a motion after hearing no further discussion.
Having considered the evidence at the hearing and determined that the findings of fact support the conclusions as set out in Section 10-108C of the Zoning Regulations which are necessary for granting of a conditional use, I Angie Banz move that the Chairperson be authorized to sign a Resolution granting the conditional use for Case No. BZA-CU-07-01 as requested. Motion seconded by Commissioner Gegen. Motion passed 6 to 0.
Commissioner Blasi stated that a conditional use granted by the Board would be valid for a period no longer than 180 days from the date of the hearing unless within such period the zoning permit was obtained and the conditional use was started. She stated that the Board may grant extensions not exceeding 180 days each, upon written application, without further notice or hearing.
She thanked Mr. Cress for participating in the hearing and called in agenda item 5 and calling for a motion to recess as the Board of Zoning Appeals.
Commissioner Dennis Gruenbacher moved that the Board of Zoning Appeals recess and reconvene as the Planning Commission at 7:50 p.m. Commissioner Gegen second the motion. There was no discussion. Upon a call vote the motion carried 6-0.
