Tab 3 CONTINUANCE FUTURE PLAN LLC VARIANCE VAR

Transcription

1 Tb 3 CONTINUANCE FUTURE PLAN LLC VARIANCE VAR

2 Stff Report VAR th Street West BACKGROUND The property locted t Street is corner lot with two frontges Commercil CG tht is occupied by vcnt commercil building Movie Gllery retil store The pplicnt nd current owner this property since 2005 nd is pursuing redevelopment ofthis property zoned Generl tht ws once Future Pln LLC hs owned The pplicnt is requesting front set bck vrinces from the required 20 foot setbck long both streets 8t Avenue West nd 17t Street to construct dditions to both sides of the existing5648 squre feet commercil building which is locted on the corner The line in 1950 nd hs no front setbcks existing building ws constructed on the property either long 8t Avenue West or 17 Street West The site lso hs ccess from both streets PARCEL ID SIZE FAR Prcel ID Lot Size Existing building size Existing FAR Proposed ddition Proposed FAR cres 5648 squre feet 5648 sq ftl0c squre feet 9048 sq 10 ft c21 EXISTING LANDUSE ZONING CATEGORY Future Lnd Use Zoning Generl Commercil GCOM 30FAR CG Commercil Generl CG SETBACK REQUIREMENTS Minimum width Front setbck Side setbck Rer setbck Corner Mximum height 100 feet 20 feet 15 feet 15 feet 20 feet 60 feet Note No setbck is required when djcent to commercil or industril districts cl on ti n zoto o Street W

3 r i v fvr k 7 i 4 1 ts 1 Y ri u i ti 4 i li r r i 1 7 Liq p WF y yt M Y Y r i w Yw 9 Y PARKING AGREEMENT WITH HUNGRY HOWIE S Bsed on the Property Appriser sinformtion the Movie Gllery building 1950 nd the Hungry Howie s building ws erected in 1994 s second on building the sme lot In 1998 the 048 cre prcel ws split nd sold to Hungry Howie s with privte greement for shred prking The Hungry Howie s hs no rcel street frontge nd its primry ccess is off n esement connecting to 17 Street This ws built in esement is fire ccess lne which lso serves other businesses including Gulf Cost Mrine Institute school locted north of the Hungry Howie s site The piecemel development ofthe vrious prcels creted from the originl prent trct resulted in number of interdependencies mong prcels prticulrly the Hungry Howie s prcel which cnnot stnd lone nd relies on the Movie Gllery prcel for most of its prking Hungry Howie s resturnt use increses the prking dependency s resturnts generlly require more prking thn retil uses The configurtion of the Hungry Howie lot is such tht pproximtely 35 ofthis prcel is used for ccess nd dringe esements resulting in n effectively higher FAR 033 to compred the ctul N n van ol o Street W

4 021 FAR the sme intensity being requested by the subject vrince on the Movie Gllery prcel In order to llow considertion oflterntive prking plns in situtions such s this throughout the City the City Commission pproved Ordinnce on December to mend Section 28 74ofthe Zoning Code by dding provisions to the Joint Use of Prking Fcilities ACTION REQUESTED The pplicnt wishes to expnd the existing building nd is requesting vrince of the 20 foot setbck for the front yrds fcing 17th Street West nd 8th Avenue West in order for the dditions to line up in both directions with the existing building on the corner Justifiction for this request is ttched to this Stff Report VARIANCE PROCEDURES In ccordnce with Section 136 Appendix B the Zonin Code the following procedures must be met for pprovl A written ppliction for vrince is submitted to the zoning dministrtor demonstrting 1 Tht specil conditions nd circumstnces exist which re peculir to the lnd structure or building involved nd which re not pplicble to other lnds buildings or structures in the sme district The existing structure is non conforming s it sits on the property line long 17th Street West nd 8th Avenue West nd the current zoning code requires 20 foot setbck A vrince is being requested to recognize the existing building nd for dditions to the building 95 feet long 17tH zero setbcks of Street nd 75 feet long 8th Avenue which will lso run long the property line The specil conditions nd circumstnces tht re peculir to this property include the following The pplicnt hd not signed off on Hungry Howie s or expnsion the dditionl prking required for tht expnsion Hungry Howie s expnsion of 1416 squre feet hs resulted in dditionl prking spces on the pplicnt sproperty nd less room for their own building expnsion nd ssocited prking 2 Tht literl interprettion of the provisions of this code would deprive the pplicnt of rights commonly enjoyed by other properties in the sme district under the terms of this code M VAR Street W

5 The literl interprettion of the code would result in less functionl site s the bility to provide required prking would be diminished if the ddition were to be setbck 20 feet 3 Tht the specil conditions nd circumstnces do not result from of the pplicnt nd the ctions The unique nd specil conditions nd circumstnces of this prcel nd its reltionship with the djcent prcel predte the purchse of this prcel in 2005 by the current owner nd pplicnt b No petition for vrince my be considered by the Plnning nd Zoning Bord until public notice hs been given of public hering The pplicnt hs given public notice of the public hering c The Plnning nd Zoning Bord shll mke findings tht the bove notice requirements hve been met Proof of the public noticing requirements hs been met d The Plnning nd Zoning Bord shll mke findings tht the resons set forth in the ppliction justify the grnting of the vrince nd tht the vrince is the minimum vrince tht will mke possible the resonble use of the lnd building or structure While stff supports vrince for the expnsion of the existing building it is stffs opinion tht the vrince s requested does not represent the minimum vrince required to llow n expnsion of the existing building The minimum mount of vrince required to chieve the dditionl squre foot requested would involve n expnsion of the existing building width long 17th Street which the est is currently more impcted thn 8th Avenue As in the vrince request west building orienttion would require closure of the esternmost ccess off 17tH Street t the loss of three dditionl prking spces However the overll lyout nd ppernce of the commercil re would be more estheticlly plesing especilly long 8th Avenue the principl gtewy into the City ACTION REQUESTED The Plnning nd Zoning Bord shll mke findings tht the grnting of the vrince will be in hrmony with the generl purpose nd intent of this code nd will not be injurious to the neighborhood or otherwise detrimentl to the public welfre The pplicnt s justifiction for the vrince notes tht the plcement of the structure on the site would llow the property to be redeveloped with New tian Street W

6 Urbnism ppel with the building locted long the rodwy frontge surfce prking locted in the center of the site nd the Stff recommends pprovl for 20 foot setbck vrince from 17th Street only for the following resons 1 There is undue hrdship involved s the existing building does not meet the 20 front setbcks for 20 feet long 8th Avenue West nd 108 feet long 17th Street 2 There re conditions peculir to the lnd The reltionship configurtion nd privte greement between the subject property nd Hungry Howie s property for ccess nd shred prking is unique requiring specific ttention 3 The required 20 foot front yrd setbck cnnot be met without further removl of required prking spces 4 The pplicnt hs shown by ppliction of this vrince petition tht there is some unique economic hrdship tht necessittes this vrince nmely to redevelop this property for lese or sle The Movie Gllery closed for pproximtely five yers business hs been STAFF RECOMMENDATION Stff recommends the following Vrinces 1 A 20 foot front setbck for the existing building long 17th Street nd 8th Avenue 2 A 20 foot front setbck for proposed ddition long 17th Street PLANNING AND ZONING BOARD DECISION The Plnning nd Zoning shll APPROVE APPROVE WITH CONDITION S or DENY the proposed Vrince LP o VAR Street W

7 Iro City of Plmetto Florid d9lme O Vrince eq est ID Owner Informtion Vri nce ID CS Prefix First Nme Lst Nme Roy Smith Suffix Title 0 niztionl Nme Address A ent Future Pln LLC 1510 South Tuttle Avenue Ci Stte Coun Postl Code Srsot FL Srsot Home Phone Work Phone Fx Number Emil Address Property Informtion Pro Address th Street West Plmetto Florid Pro Size 1 cre 217 x 282 feet less prcel 130 x 150 feet DPID Pro Section Pro Townshi Pro Rn e S 17E Pro Blocks Pro Lots Existin Use n n Commercil Retil vcnt Altdt ifnecess See ttched Exhibit A Legl Description

8 Current Future Lnd Use Clssifiction Proposed City Future Lnd Use Clssifiction Current Zoning Clssifiction Proposed City Zoning Clssifiction Site GCGM Site n Site CG Site n North GCOM North n North CG North n South GCGM IiriP South n South CGP South n Est Est n Est CG Est n West GCGM West n West CG West n portion of the Gronerty to Vrince from wht the est remins unincorported Section 43 of the City of Plmetto Zoning Code Vrince from required 20 foot Front Yrd setbck Pro ect descri tion Building expnsion long 17th Street West nd or 8th Avenue The Vrince Are requested ttched Exhibit B is shown on the Plese include the following with the ppliction Written Sttement Demonstrting X Specil conditions or circumstnces which re peculir to the lnd structure or building which re not pplicble to others in the sme district See ttched Exhibit C Tht interprettion of the provisions of this code would deprive the pplicnt rights commonly enjoyed by other properties in the sme district See ttched Exhibit C Tht the specil conditions nd circumstnces do not result from the ction of the pplicnt See ttched Exhibit C Tht grnting the vrince will not confer on the pplicnt ny specil privilege tht is denied by this ordinnce to others in the sme district See ttched Exhibit C 2

9 Survey Mp Showing Properly nd Vicinity to scle Site Pln Copy of Deed Owner Authoriztion Fee 200 Shll py dvertising costs The nmes nd ddresses cn be cbtiried by providing the Property Appriser office 915 4th Ave W in Brdenton FL Ph nd FAX with the Dt Processing Number Prcel ID of vour proberty The ownerof this property nd the undersigned gree to conform to ll pplicble lws the City of Plmetto nd to ll pplicble Federl Stte nd County lws Signture of Applicnt Dte Dte ublic notified Dte of herin

10 EXHIBIT A LEGAL DESCRIPTION Commence t the Southest corner of the Southwest 14 of Section 11 Township 34 South Rnge 17 Est Mntee County Florid thence N E long the Est line of sid Southwest 14 distnce of37 00 feet thence N W distnce of42 00feet to the West right of wy of 8th Avenue West US Business 41 for Point of Beginning thence N E long sid West right of wy line distnce of feet thence N W distnce of feet thence N E distnce of feet thence N W distnce of feet thence S W distnce of20 00feet thence N W distnce of feet thence S E distnce of feet to the intersectionwi h the North right of wy line of 17th Street West thence S E long sid North right of wy distnce of feet to the Point of Beginning Being nd lying in Section 11 Township 34 South Rnge 17 Est Mntee County Florid AND Commence t the Southest corner of the Southwest 114 of Section 11 Township 34 South Rnge 17 Est Mntee County Florid thence N E long the Est line of sid Southwest 14 distnce of37 00fleet thence N 8947W feet to the point of intersection of the West right of wy fine of 8th Avenue West US Business 41 nd the North right of wy fine of 17th Street West sid point being the Point of Beginning thence continue N 89 47W 28 long sid North right of wy line distnce of feet thence S W 20 feet thence S E feet thence N E 20 feet to the Point of Beginning LESS Commence t the Southest corner of the Southwest 14 of Section 11 Township 34 South Rnge 17 Est Mntee County Florid thence N E long the Est line of sid Southwest 1l4 distnce of37 00 feet thence N W distnce of42 00 feet to the West right of wy of 8th Avenue WestUS Business 41 thence N E long sid West right of wy distnce of feet thence continue N E distnce of68 76 feet thence N W distnce of feet thence N E distnce of20 00 feet thence N W distnce of feet to the Point of Beginning thence continue N W distnce of 19feet 88 thence S W distnce of 20 00feet thence N W distnce of59 00 feet thence S E distnce of feet thence N E distnce of feet thence N W distnce of feet to the Point of Beginning Lying nd being in Section 11 Township 34 South Rnge 17 Est Mntee County Florid

11 City of Plmetto Affidvit of Ownership AgentAuthoriztion File Number To be Titled out by the property Owner Owner Nme Future Pln LLC i2tiv C11LLC Mrs t Miling Address 1510 So TMt 0 4 Officefs Nme Roy Smith Title Mnger Being first duly sworn depose nd sy 1 Tht I m we ze the owneis nd recorded title holders ofthe following described property legl description to wit See ttched Exhibit A ifneorss ry ttch the pmperhj sieg description os exiubita 2 Tht this property rnnstitutes the property for which request for vrince Florid TjtPr ofpptitliote pprtmi requested is beingpplied fr tothe City of Plmetto 3 Tht the undersigcted hs hve ppointed nd does do ppoint the Attorneys nd Employees of the lw firm of Grimes Goebel et l s gent sexecute nypetitions or other documents necessry toffect such petition nd request tht you cceptmy gent ssignture s representing my greement ofil terms nd conditions of the pprovl process 4 This ffidvit hs been executed to induce The City of Plmetto FL to consider nd ct on the forgoing request Affidvit of Ownership Agent Authoriztion Pge 1 of2

12 The foregoing instrument ws cknowledged before methis Ny 5 Tht I we the undersigned uthority herby certify the foregoing is true nd correct Otone s s to t title Drover s signture Print Tine b 1 Io befilled out by licensed Notry Republic Ste of Florid rncteesfg1r County ofll by Rov Smith which is personlly produced Nmeojpe snns dfnwkdging Type ofidcntifi tm identifiction known to mer who hs person T1Eing cknowledgement Seril Number if ny ctrt 1i 1J o Print Nme Title or rnk My Commission expires Commission Number rr Affidvit of Ownership Agent Authoriztion Pge 2of2

13 Future Pln LLC Vrince Appliction Exhibit C Nrrtive Description The subject site is locted t the northwest corner of 17th Street West nd Business High y 41 8th Avenue West nd is prt of the northern gtewy of the City The site is ncc ried by n existing structure tht previously housed bnk nd still contins the vult The reminder of the site is occupied by drive isles nd prking which re currently shred with the neighboring prcel to the northwestie the site now occupied by the Hungry Howie s Pizz Buffet The pplicnt hs owned the site since 2005 nd is pursuing redevelopment ofthe property The site hs been vcnt since its prior tennt ie Movie Gllery vcted One ofthe most significnt obstcles to redevelopment hs been the site physicl constrints The site is bounded by two thoroughfre rods on the south nd est sides Neither rodwy is currently slted to be expnded The property is Lshped with significnt rod frontge but constrined on the interior by the lndlocked Hungry Howie s prcel The Hungry Howie s structure ws recently expnded to within six feet ofboth the north south nd the est west boundries between tht prcel nd this prcel on belief tht construction is violtion of setbck requirements for which no vrince hs been issued The structure directly buts the djcent rights of Street or Sth Avenue The existing structure is built within the required front yrd setbcks ofthe current code nd is therefore legl non conformity under the City s current zoning requirements wy with no front setbcks on either 17th The plcement of the structure on the site would llow the property to be redeveloped with New Urbnism ppel with the building locted long the rodwy frontge nd the surfce prking locted in the center of the site Even though the City s pproved Downtown Design Guidelines re not strictly pplicble to the site the Applicnt believes tht the New Urbnism elements of those guidelines would enhnce the northern entrnce into the City s commercil district nd the Applicnt hopes to redevelop the property to comport with the City s vision for the future nd to serve s n exmple for other properties in the commercil center ofthe City Finlly becuse of the recent expnsion of the Hungry Howie s structure on the interior neighboring prcel it is impossible to expnd the building into the interior ofthe site to conform to pplicble front yrd setbcks while mintining dequte prking nd circultion Requirementsfor Vrince A Specil conditions or circumstnces which re peculir to the lnd building which re not pplicble to others in the sme district structure or

14 This site is in very unique position similr zoning within the City with chrcteristics tht do not ffect other sites with The site is constrined by 2 thoroughfre rods nd n existing nd recently expnded structure on n interior neighboring prcel Due to the physicl constrints it is impossible to redevelop the site nd expnd the structure to the interior of the property while mintining dequte prking trffic circultion nd internl The site currently provides prking nd trffic flow for useson site s well s on other neighboring prcels The existing structure lredy sits within the setbck res The existing structure houses bnk vult which would be extremely costly to remove if the were pplicnt to redevelop the site by demolishing the existing rebuilding in the center ofthe prcel structure nd The existing structure hs been deemed too smll for certin uses purchse the spce wnting to lese or B Tht interprettion of the provisions of this code would deprive the pplicnt rights commonly enjoyed by other properties in the sme district The Zoning Code would llow for significntly higher intensity use of this site but the physicl constrints ofthe site mke it difficult or impossible to relize such intensity ofuse The permissible Floor AreRtio FAR in the CG zoning district is075 The existing structure hs totl squre footge of 5648 on prcel tht is pproximtely one 1 cre This trnsltes to FAR of pproximtely 013 Other properties in the sme district re ble to use their crege nd mximize the development potentil in the City physicl constrints ffecting the prcelie thoroughfre rights of wy djcent interior prcel etc s commercil center this site cnnot due to the C Tht the specil conditions nd circumstnces do not result from the ction of the pplicnt The pplicnt hs tken no ctions which hve resulted in the specil conditions nd circumstnces The pplicnt hs owned the subject property since 2005

15 No significnt chnges hve occurred on the subject property since tht time There hve been no chnges to theright of wy for the thoroughfre property fronts during tht time either streets on which the The only significnt chnge tht hs occurred in the immedite vicinity hs been the expnsion of the Hungry Howie s structure on the neighboring prcel D Tht rnting the vrince will not Cor er i the uy iiiufit u1t v pecii privii be denied by this ordinnce to others in the sme district tfit 8S The grnting of this vrince will not grnt ny specil privilege to the pplicnt nd will not plce this site in ny better position thn ny other prcel with similr zoning in the City The vrince would not llow the site to be used for ny uses not lredy permitted within the existing zoning district The vrince would not llow the site to be developed t greter intensityie FAR thn is permissible in the zoning district The requested vrince would simply llow the site to be redeveloped in mnner suitble for its loction nd suitble considering the existing conditions Furthermore the site is in very unique position in prt becuse the existing legl non conforming structure on the site lredy encroches on the setbcks lrelestte future pln llc vrince future pln vrince exhibit c rvsd 2 1 I17 10 doc