BOARD OF ZONING APPEALS CASE SUMMARY FOR VARIANCE REQUEST. 325 Veterans Road

Transcription

1 BOARD OF ZONING APPEALS CASE SUMMARY FOR VARIANCE REQUEST 325 Veterans Road April 11, 2017 at 10:00 A.M. City Council Chambers, 1737 Main Street, 3 rd Floor Columbia, South Carolina Case Number: V Subject Property: 325 Veterans Road (TMS# ) Zoning District: Applicant: Property Owner: Council District: 4 C-2 (Neighborhood Commercial District) Veterans Road Holdings, LLC Veterans Road Holdings, LLC Summary Prepared: March 22, 2017 Requested Action: Variance to the parking requirements for a proposed computer and data processing business service Applicable Sections of Zoning Ordinance: Parking requirements for a computer and data processing business service (SIC 737) is 3 for each 1,000 square feet of gross floor area Standard criteria for variances Case History: Staff Comments: N/A The applicant is requesting a variance to decrease the parking requirement from 13 spots to 8 for a proposed computer and data processing business service. This would change the parking to 1.8 spots for each 1,000 square feet of gross floor area. Applicant has provided a conceptual site plan and is proposing to construct a +/- 4,383 sq. ft. building on a +/- 17,221 sq. ft. triangular lot. Due to the shape and dimensions of the lot, Applicant alleges that the 13 parking spots would make it difficult to construct a viable building for his proposed use. An associated application for a variance to buffer requirements ( V) is also before you today. The Staff recommends that the Board approve this application, subject to the following condition: Construction and operation to be in substantial conformance with the application and supporting materials submitted by the applicant and shall comply with all relevant city land development regulations. The special exception shall be deemed completed and expired following vacancy, abandonment, or discontinuance of the shared parking for twelve (12) consecutive months. Any documents submitted by persons expressing support or concern about this application are attached hereto and made part of the record of the public hearing. PAGE 1 OF 1

2 Zoning Map Department of Planning & Development Services Variance V 325 Veterans Road TMS# µ Legend INTERSTATES RAILROADS D-1 RS-1 RS-1A RS-1B C-1 C-2 C-3 C-3A CITY LIMITS FEMA FP C Waverly 131 C-3 RS-2 RS-3 C-4 C-5 RD RD-2 RG-1 M-1 M-2 PUD-C I-77 ONRAMP EXIT 9A - GARNERS FERRY RD EAST RAMP RG-1A RG-2 RG-3 UTD MX-1 MX-2 PUD-LS PUD-LS-E PUD-LS-R PUD-R OUT OF CITY DD DISTRICT RG-2 PUD-R 305 Subject Property ) DP DISTRICTS PD DISTRICT CC OVERLAY City Landmark 1 inch = 200 feet ORIGINAL PREPARATION/DATE: This map was prepared by: Rachel Bailey for April 11, 2017 BOZA Meeting DISCLAIMER: The City of Columbia Department of Planning and Development Services data represented on this map or plan is the product of compilation, as produced by others. It is provided for informational purposes only and the City of Columbia makes no representation as to its accuracy. Its use without field verification is at the sole risk of the user RS RS RD BYRON RD 350 C-1 WORMWOOD LN RG-2 C PUD-R VETERANS RD PLANTERS DR 401 S BOLTON RD D-1 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community INTERSTATE 77 S ** DATA SOURCE - CITY OF COLUMBIA, GIS DIVISION

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6 FORM REVISED 4/11/03 CITY OF COLUMBIA BOARD OF ZONING APPEALS APPLICATION for VARIANCE OFFICE USE ONLY: Date Received By Case Number Fee (CODE 05) $ ***VERY IMPORTANT PLEASE READ THIS SECTION THOROUGHLY*** APPLICATION MUST BE SUBMITTED AND COMPLETE BY 12:00 NOON ON DEADLINE DATE! City staff cannot place this application upon the agenda of the Board of Zoning Appeals unless the applicant performs the following tasks prior to the deadline date: 1. Answer all questions upon this application. 2. Sign and date this application. 3. Include a site plan drawn to scale, showing the shape and dimensions of the lot; the location and size of existing and/or proposed structures, if any; the location and size of required parking spaces, if any; and the location of required landscaping and bufferyards, if any. In addition, City staff recommends that you: 1. Provide photographs of the subject property and contiguous property. 2. Contact the neighborhood association and the property owners of contiguous property and inform each of your application. Opinions of these persons are best communicated to the Board in writing. 3. Attach additional paper if you feel that any portion of this application does not provide enough space. THE APPLICANT MUST BE PRESENT AT THE PUBLIC HEARING! THE BOARD OF ZONING APPEALS CONDUCTS PUBLIC HEARINGS ON THE SECOND TUESDAY OF EACH MONTH AT CITY HALL, CITY COUNCIL CHAMBERS, THIRD FLOOR 1737 MAIN STREET (Southwest Corner of Main and Laurel Streets) COLUMBIA, SOUTH CAROLINA, Location/Subject Property: Tax Map Number (Sheet, Block, and Lot(s)): Zoning District: Describe your proposal in detail: The Zoning Ordinance classifies this use as a (include SIC Code Number): Area Attributed to Your Proposal (in square feet): Are other uses located upon the subject property? (if YES, list each use and the square feet attributed to each use): Total Number of Parking Spaces Upon the Subject Property:

7 This proposal does not conform to the Zoning Ordinance in the following way: Zoning Ordinance Section & Requirement Proposed Instead FORM REVISED 4/11/03 Please demonstrate how you satisfy the following CRITERIA FOR VARIANCE (see (3) b. of the Zoning Ordinance). Please note that the members of the Board of Zoning Appeals will use your answers, among other things, as they evaluate your application: 1. Extraordinary and exceptional conditions pertain to the subject property: 2. The conditions noted above do not generally apply to other property in the area: 3. Because of the conditions noted above, the requirements of the Zoning Ordinance effectively prohibit or unreasonably restrict the use of the property: 4. Approval of the variance would not be of substantial detriment to adjacent property or to the public good, and the character of the district would not be harmed: Section (3) b.6. asks, Is the variance the minimum necessary? And (2) b.7. asks, Is your proposal in harmony with the purpose and intent of the Zoning Ordinance, and will it not be injurious to the neighborhood or otherwise detrimental to the public welfare? Applicant (PLEASE PRINT CLEARLY): Name of Company: Address: City, State, ZIP: Office Telephone Number: Home Telephone Number: Cellular Telephone Number: Fax Number: Do you check at least once per day? ( ) Y ( ) N Address: Relationship to Property Owner: ( ) Same; ( ) Agent of property owner; ( ) Contract purchaser; ( ) Lessee; ( ) Contract lessee; ( ) Other. Unless the applicant is property owner, the applicant must complete and submit a LETTER OF AGENCY. By signing below, I, the applicant, understand and/or acknowledge that: 1. I have completely read this application and understand all that it includes; 2. While the members of the Board of Zoning Appeals will carefully review and consider this application, the burden of proving conformance with the criteria for grant of variance rests with me; 3. The proposed use and construction complies or will comply with all other requirements of the City of Columbia Zoning Ordinance; 4. The Board of Zoning Appeals will render a written final decision regarding my application as soon as possible following the public hearing; and 5. Any time frames related to an appeal of a decision of the Board of Zoning Appeals shall start from the date that the written final decision is signed by the Chairman of the Board of Zoning Appeals. Signature Date

8 Please demonstrate how you satisfy the following CRITERIA FOR VARIANCE (see (3) b. of the Zoning Ordinance). Please note that the members of the Board of Zoning Appeals will use your answers, among other things, as they evaluate your application: 1. Extraordinary and exceptional conditions pertain to the subject property: The referenced property is an unusual shape a triangle with very small depth created when the SCDOT constructed I-77. The rear of the property is formed by an SCDOT drainage easement (35 ) that effectively shields and buffers the adjacent medium density residential. The property is zoned C2. Parking Issue: The narrow lot restricts the number of parking spaces that can be placed on the property. The use of the property is for a business center that includes some storage and logistical operations for a local construction company and a mobile pod storage. Products dictate a larger building than a typical commercial use, because of the nature of the products stored, used, etc. However, the number of employees that will access the building will be much lower than the 3 per 1,000 parking spaces require. There will be very limited general public access at this location which will limit the number of parking spaces needed. A reduction will not result in overflow parking on the street, which is the main reason for the minimum parking requirements. Landscape Buffer: if the parcel were to include the 20 rear buffer, the depth of the property at the center (46 ) would only have 26 only enough for a driveway no parking or building. The depth left by SCDOT when constructing I-77 did not take into account those buffers. The actual property line for the medium density residential is separated by the 35 drainage easement, so the buffering is handled in large part by this drainage easement. Some landscaping will be installed, but a consistent 20 foot buffer could not be maintained. A wood privacy fence will be included. 2. The conditions noted above do not generally apply to other property in the area: This is the only triangle piece in the area. The adjacent parcel does not have a 20 buffer between the medium residential and the medium commercial. As can be seen by the picture to the left, the Party Rental actually encroaches slightly onto the SCDOT drainage easement and the Printing Company is less than 4 to the building. The apparent landlocked pieces of property are tied to the residential property to the west across the easement. All of the lots are on the west side of Veterans Road are C2 and have similar size commercial buildings with fewer parking than code dictates. The adjacent commercial space is 2,028

9 sf with 5 parking spaces, less than the 3/1,000 sf requirement. The space to the north of that is 2,400 sf with 11 spaces but half of those spaces are in the SCDOT R/W. If required to install the streetyard buffer and stay out of the SCDOT R/W, that parcel could not be in compliance. 3. Because of the conditions noted above, the requirements of the Zoning Ordinance effectively prohibit or unreasonably restrict the use of the property: In order to make a commercial building viable for this C2 site, and to provide the required 3/1,000 spaces would render this 0.39 ac site unusable. Indeed, this property has remained vacant since the construction of I-77 in large part because of its size and configuration. The buffer need of 20 feet on a varying depth lot whose center dimension is 46 feet does not leave any depth to create drives, parking, and building area making the property unreasonably restricted. 4. Approval of the variance would not be of substantial detriment to adjacent property or to the public good, and the character of the district would not be harmed: This variance would make this parcel development similar to the two parcels directly to the north of the development. While larger, the building would be similar in height and depth to the building directly to the north and less in width to the building beyond that. The amount of parking would be similar in nature and the amount of buffer and landscaping would be more than these commercial areas. Section (3) b.6. asks, Is the variance the minimum necessary? We have maximized the amount of parking available to support an economically viable building that is in keeping with the existing nature of the area. We have included some landscaping against the SCDOT drainage easement and will be able to maintain the street buffer. We believe this is a maximization of all requirements and the minimum variance required. And (2) b.7. asks, Is your proposal in harmony with the purpose and intent of the Zoning Ordinance, and will it not be injurious to the neighborhood or otherwise detrimental to the public welfare? The minimum parking requirement is designed to insure that cars are not parked on other s property or in the street right-of-way. The number of spaces requested is more than sufficient to support the needs of the proposed business and data center and will provide access for deliveries during normal business hours. The business will not produce noise, fumes, light pollution or any other similar injurious impacts to the neighborhood. The business will not create any significant traffic impacts and will be accessed mostly during nonpeak hour where residential traffic is accessing homes, the day-care, or the two schools located in close proximity. Compared to other possible uses in C2, this is a very low impact on the infrastructure.

10 Pictures of the Site from Google Earth Looking north, property on the left Looking south, property on the right

11 Property to the north Property to the north and next property to the north of that

12 Looking south, property on right Looking north, property on left

13 LADY STREET, SUITE 205 COLUMBIA, SC (803) (main) (803) (fax) NOTES: PARCEL SIZE 0.39 AC. ADDRESS 325 VETERANS ROAD ZONING C2 ZONING BOARD OF APPEALS APPROVAL, SIDE SETBACK 3', REAR SETBACK 5', FRONT SETBACK 10' PARKING 5. BUILDING SIZE = 4,383 SF. ONE STORY, APPROX 25 FEET HIGH 4,383 X 3/1000 = 13.1 SPACES ~ 13 REQUEST VARIANCE TO 8 INCLUDING VAN ACCESSIBLE PROJECT SITE LOCATION MAP SCALE: 1"-1,000 L2 C-2 RESIDENTIAL USE MEDIUM DENSITY RESIDENTIAL DUMPSTER SE BUSINESS CENTER 4,383 SF (MEDIUM IMPACT COMMERCIAL) ZONED C2 COLUMBIA, SOUTH CAROLINA NO VETERAN'S ROAD BUILDING C-2 COMMERCIAL USE Date EAR 5' R CK TBA CONCRETE BLOCK Project Title / Client Information 3' SIDE SETBACK ONE STORY VETERAN'S ROAD L3 Name No. Revisions 10' FRONT SETBACK Drawing No scale in feet 1" = 20' C2.1 Approved By DKB Date Checked By DKB Date Drawing Title SITE PLAN Drawn By CWS Project No. Drawing Information VETERANS ROAD

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