CITY OF MURFREESBORO BOARD OF ZONING APPEALS

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1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, July 27, 2011, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1 st Floor 1. Call to order A G E N D A 2. Consideration of minutes for the regular meeting on June 22, 2011 and for the special meeting on July 8, New Business Variance Requests a. Application Z by Mr. John Callow of the City of Murfreesboro Community Development Department, for Mr. and Mrs. Ricky and Malina Wiggington, is requesting a 10-foot variance of the minimum required 30-foot front setback for principal structures in a Residential Duplex (RD) zone for property located at 1014 North Maple Street. b. Application Z by Ms. Freda Hennessee, is requesting a foot variance of the minimum required 35-foot front setback for an existing attached accessory structure in a Residential Single- Family (RS-10) zone for property located at 2326 Gold Valley Drive. c. Application Z by Mr. Hanson Duke, is making the following requests for property located at 120 Porter Street in a Light-Industrial (L-I) zone: A parking variance to allow for three (3) fewer parking spaces than the minimum nine (9) that are required for the proposed use; A 2-foot variance from the minimum required 5-foot rear perimeter planting yard width along the southern property line; and A 4-foot variance from the minimum required 5-foot side perimeter planting yard width along the western property line.

2 Special Use Permit/Variance Requests d. Application Z by Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee Inc., is requesting a special use permit in order to operate a temporary mobile recycling center in a Commercial Highway (CH) zone for property located at 710 Memorial Boulevard; and an 8-foot variance to the requirement that no receptacle shall exceed 40-feet in length. e. Application Z by Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee Inc., is requesting a special use permit in order to operate a temporary mobile recycling center in a Commercial Highway (CH) zone for property located at 1825 Old Fort Parkway; and an 8-foot variance to the requirement that no receptacle shall exceed 40-feet in length. f. Application Z by Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee Inc., is making the following requests for property located at 3060 South Church Street in a Commercial Highway (CH) zone: A special use permit in order to operate a temporary mobile recycling center; An 8-foot variance to the requirement that no receptacle shall exceed 40-feet in length; and A 250-foot variance to the requirement that no receptacle shall be located closer than 300-feet from residentially-zoned property. g. Application Z by Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee Inc., is making the following requests for property located at 1114 Mercury Boulevard in a Commercial Highway (CH) zone: A special use permit in order to operate a temporary mobile recycling center; An 8-foot variance to the requirement that no receptacle shall exceed 40-feet in length; and A 175-foot variance to the requirement that no receptacle shall be located closer than 300-feet from residentially-zoned property. 4. Staff Reports and Other Business 5. Adjourn

3 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 27, 2011 Application: Address: Applicant: Zoning: Request: Z North Maple Street Mr. John Callow of the City of Murfreesboro Community Development Department, for Mr. and Mrs. Ricky and Malina Wiggington Residential Duplex (RD) A 10-foot variance of the minimum required 30-foot front setback for principal structures. The subject property is located along the east side of North Maple Street and is zoned Residential Duplex (RD). The subject property, 1014 North Maple Street, is developed with a single-family residence, as well as several accessory structures. The existing

4 house is in disrepair, and the City of Murfreesboro Community Development Department proposes to raze it and rebuild a new house in its place. The accessory structures will also be razed but they will not be replaced. The subject lot is of adequate width and depth to build a new house without applying for setback variances. However, in order to keep the proposed house in harmony with the existing single-family development in the immediate vicinity, the applicant has requested a 10-foot variance of the minimum required 30-foot front setback in the RD zoning district. Included with the agenda materials is a letter from the applicant, as well as a survey of the property with a plot plan showing the proposed house on the subject lot. The applicant has also included a photograph of the proposed house. The size of the lot is 154-feet deep by 72-feet wide. The area of the lot is 11,088 squarefeet. The minimum front setback requirement in the RD zoning district is 30-feet. The proposed house will be constructed towards the north side of the lot, so that a compliant driveway can be constructed on its south side. The new house is proposed to be constructed at approximately the same distance from the front property line as the existing house. At its closest point, the new house will be approximately 20-feet from the front property line. This distance is very similar to other houses on this block of North Maple Street. Staff believes that the subject lot is a good candidate for a front setback variance, although a single-family home could be built on this lot without any variances. The Community Development Department makes a concerted effort to build in harmony with the existing homes in the older parts of the City. Much of the development near downtown predates current zoning regulations and is built much closer to the front property lines than current zoning regulations allow. After visiting the subject property, staff observed that most of the houses in the immediate vicinity are indeed closer to the front property line than 30-feet. Photographs depicting the proximity of the surrounding housing to the street have been included for the Board s review. In addition, this request is generally consistent with the recommendations of the Maney Avenue Comprehensive Plan, which is used as a planning tool for the subject area by the Planning and Engineering Department as well as the Planning Commission and the Board of Zoning Appeals. The Plan identifies the subject property as being in the Oaklands Mansion Residential District. With regards to the Oaklands Mansion Residential District, the plan recommends as a key design standard reduced front setbacks to better relate homes to the street. It recommends a minimum front setback of 15-feet and a maximum front setback of 25-feet. The applicant proposes a 20-foot front setback for the subject lot. The Plan noted that in many instances the suburban zoning requirements that are currently in place are not conducive to redevelopment of the older, more urbanized areas of the City. If the Board approves this application, staff recommends the following condition: 1) A surveyor will be required to help lay out the footing of the building and a surveyor s certification must be provided that the building is in compliance with the action of the BZA as well as all other setback requirements. Mr. Callow will be in attendance to answer any questions that the Board may have.

5 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 27, 2011 Application: Z Address: 2326 Gold Valley Drive Applicant: Ms. Freda Hennessee Zoning: Residential Single-Family (RS-10) Request: A foot variance of the minimum required 35- foot front setback for an existing attached accessory structure. The subject property is located at the southwest corner of Gold Valley Drive and Pearlknob Court. It is zoned Residential Single-Family (RS-10). The subject property, 2326 Gold Valley Drive, is developed with a single-family residence. An attached carport was constructed on the east side of the house in violation of the front setback requirement along Pearlknob Court. Staff notified the applicant of the violation and, in

6 lieu of demolishing the carport, she has decided to make application for a setback variance in order for the carport to remain in its present location. Included with the agenda materials is a letter from the applicant addressing Section 10 of the Zoning Ordinance as well as a survey of the property depicting the carport in question. Staff has also included photographs of the site and the surrounding property for the Board s reference. The size of the lot is roughly 120-feet deep and 100-wide, but the lot is irregular on its east side because of the geometry of the public right-of-way. The existing house faces Gold Valley Drive. The area of the lot is 12,841 square-feet, according to the survey provided. The minimum front setback requirement in the RS-10 zoning district is 35- feet, and in single-family residential zoning districts, corner lots have two (2) front setbacks and two (2) side setbacks. In other words, there is a 35-foot front building setback requirement along both lot lines that abut a public right-of-way, in this case Gold Valley Drive and Pearlknob Court. According to the applicant, the carport was constructed in the April It was constructed over the driveway in front of the garage along the Pearlknob side (the east side) of the house. No building permit was ever obtained by the applicant or her contractor prior to the carport being constructed. Upon learning of the violation, the Planning Staff sent a violation notice to the applicant. The violation notice is included in the Board s agenda materials. Ms. Hennessee has since had a survey completed, which indicates that the carport encroaches into the front setback along Pearlknob Court by feet, meaning that at its closest point, it is feet from the front property line along Pearlknob Court. The applicant states that the purpose of the carport is to protect her vehicles from the elements. The applicant has provided her justification for the variance request in her letter to the Board. Among the reasons she feels that the variance request is warranted is that there is really no other logical place on the subject property where the carport could be constructed and still meet the minimum setback requirements. Ms. Hennessee will be in attendance at the meeting to answer any questions that the Board may have.

7 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 27, 2011 Application: Z Address: 120 Porter Street Applicant: Mr. Hanson Duke Zoning: Light-Industrial (L-I) Requests: A parking variance to allow for three (3) fewer parking spaces than the minimum nine (9) that are required for the proposed use; A 2-foot variance from the minimum required 5-foot rear perimeter planting yard width along the southern property line; and A 4-foot variance from the minimum required 5-foot side perimeter planting yard width along the western property line.

8 The subject property is located at the southwest corner of Porter Street and Steel Tech Drive, which is east of South Church Street and south of South Rutherford Boulevard. The subject property is currently zoned Light-Industrial (L-I) and is developed with a non-conforming single-family residential structure. The subject property has historically been used for single-family residential purposes. In 2010, the applicant began using the subject property for his moving company. He constructed a crushed stone parking lot and is using the single-family residential structure as a business office. In September 2010, he was notified that in order to construct improvements and to convert a residential use into a commercial use, a site plan must first be submitted to and approved by the City. In addition, no permits have been obtained for the site work or for the conversion of the residential structure into a business office. After being notified that his property was in violation, the applicant submitted a site plan showing required improvements. In addition, his engineer has met with the Planning Staff to discuss different site design options. The proposed version of the site requires several variances, including a parking variance and two (2) landscape variances. Before the review of the site plan can move forward, the BZA must consider these variance requests. If approved, the applicant is ready to move forward with site plan review and permit review. Included with the agenda materials is a letter from the applicant s

9 engineer as well as an engineered concept plan. Staff has also included photographs of the site and the surrounding property for the Board s reference. On a side note, the Board will recall that in 2008, variances were approved for this property. The plan that was presented at that time, however, was a different plan -- one that called for the demolition of the existing building and the construction of a new one. The variances that were approved at that time pertained to the proposed building and not parking or landscaping requirements, as is requested now. Parking Variance The size of the lot is 0.16 acres and its dimensions are 55-feet wide x 125-feet deep. The conceptual site plan shows one-way traffic circulating from Steel Tech Drive to Porter Street. In addition, it shows three (3) oversized parking spaces at the south end of the lot for the moving trucks. Four (4) standard-sized parking spaces (including one handicap space) are also included. The parking formula applied to this type of use is 1.5 spaces per employee and 1 space per business vehicle. The applicant has indicated that there will be eight (8) employees and three (3) business vehicles, requiring a total of nine (9) spaces. He has requested a three-space variance from this standard. Since the time of application, however, the applicant has filed a letter with the Building and Codes Department stating that the building will not be open to the public and that there will be no on-site sign. The letter requests that no handicap space be required. Because of the commitments made by the applicant in the letter, the Building and Codes Director has agreed to waive the requirement for a handicap parking space. The handicap space can now be striped as a regular parking space and applied to the minimum parking requirements, meaning that there will be four (4) parking spaces for employees, instead of only three (3). This additional regular space also means that only a two-space variance will be needed (as opposed to the three-space variance that was requested and advertised). Since this is the case, if the BZA decides to approve the parking variance, it may choose to approve a 2-space variance instead of the requested 3-space variance. The applicant s engineer provides his justification for the parking variance in his letter to the BZA. He states that there is usually only one (1) employee actually working in the office, but sometimes there are two (2). He also states that the moving truck drivers usually carpool to the office or use public transit. Also, as stated earlier, the office will not be open to the public. The Planning Staff has been to the site twice since the application was filed. During the first visit, there were six (6) personal vehicles and one (1) moving truck. One of the owners indicated to Staff that one (1) of the six (6) vehicles was his personal vehicle and that it was inoperable. He said he planned on moving it off the property. In addition, he said that in the future the number of personal vehicles driven to the site by his workers will correspond with the actual number of parking spaces on the approved plan. The second time Staff visited the site there were two (2) personal vehicles and four (4) moving trucks. The other owner of the business indicated that one (1) of the four (4) moving trucks on-site that day was going to be permanently removed from the property, so that in the future the number of moving trucks on-site will also correspond with the number of oversized business vehicle spaces shown on the plans (3).

10 If the Board approves the parking variance request, staff recommends the following condition: 1) The Planning Commission (or the Planning Staff, at the discretion of the Planning Director) must grant site plan approval for the proposed development. Landscape Variances Because the property is less than one (1) acre, five-foot perimeter landscape yards are required along all four (4) sides of the property. The applicant is requesting a 4-foot variance along the western property line, and a 2-foot variance along the southern property line. This would result in a 1-foot landscape yard along the western property line and a 3-foot landscape yard along the southern property line. There is an existing treeline along the western property line. The applicant has committed in his application to preserving this existing treeline. Staff would like to have verification, however, of whether or not the trees are actually located on the subject property. The landscape plan also shows two (2) new shade trees in the 3-foot-wide southern landscape yard. The applicant provides his justification for the landscape variances in his letter to the Board. He cites the narrowness and small size of the lot compared to other lots that are zoned and used for industrial purposes. He also states that the lot was created long before the City s current zoning and landscaping regulations were in place. Based on research that the Planning Staff did in 2008 for the previous application, it appears that this area was subdivided for single-family residential uses in the 1940s. According to the Property Assessor s website, the residential structure on the property was constructed in If the Board approves the landscape variance requests, staff recommends the following conditions: 1) The Planning Commission (or the Planning Staff, at the discretion of the Planning Director) must grant site plan approval for the proposed development. In addition, the landscape plan will be subject to the final review and approval of the City Horticulturist. 2) The landscape plan must demonstrate an equivalent number of plantings to what would be required by ordinance without landscape variances. If this cannot be demonstrated, then the applicant must make a commitment to the City s tree bank in accordance with Landscape Ordinance (Section 27 of the Murfreesboro Zoning Ordinance). There are several revisions to the plans that need to be addressed prior to the BZA meeting. Six (6) copies of the revised plans should be submitted no later than 12:00 noon on Tuesday, July 26 th. The design engineer needs to address the following comments:

11 The ownership information on the plan appears to be incorrect. According to the Property Assessor s website, the applicants are also the current owners. Please confirm the current ownership and revise the plan accordingly. The letter submitted to the Building and Codes Department requesting the elimination of the handicap space has been approved by the Building and Codes Director. If it is still the desire of the applicant to eliminate the handicap space as he has requested, then it should be shown as a regular parking space and the parking tabulations should be adjusted accordingly. The design engineer needs to provide more information regarding the location of the treeline along the western property line. The applicant s letter and the plan commit to the preservation of this treeline, but it is not clear whether this treeline is on the subject property or the neighboring property to the west. The design engineer needs to confirm the location of this existing treeline prior to the BZA meeting. Mr. Duke will be in attendance to answer any questions that the Board may have. Each variance will require a separate motion.

12 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 27, 2011 Application: Address: Applicant: Zoning: Requests: Z Memorial Boulevard Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee Inc. Commercial Highway (CH) A special use permit in order to operate a temporary mobile recycling center; and an 8-foot variance to the requirement that no receptacle shall exceed 40-feet in length. The subject property is located along the east side of Memorial Boulevard in the parking lot of the Memorial Village Shopping Center (which houses the Murfreesboro Athletic

13 Club). The Zoning Ordinance makes provisions for the Board of Zoning Appeals to approve temporary mobile recycling centers for 12-month periods, which may be reapplied for at the end of the 12-month period. This site has been approved by the Board for this use for the past four (4) years, and now the applicant is seeking the maximum 12-month extension (from 8/1/11 through 7/31/12). In discussing with the applicant the operations of the temporary mobile recycling center, the applicant explained that it is manned seven (7) days a week. Clothes, furniture, and other miscellaneous household items are accepted there. Items donated are separated into different bins within the trailer, and when the trailer is full, it is hauled off. An empty trailer replaces the full trailer the following business day. According to the applicant, a donation trailer has been at this location since March 1998, and it averages 65 donors per day. A letter from the leasing manager, representing the property owner, has been submitted granting Goodwill use of the parking lot for the temporary mobile recycling center. Attached to the staff comments are the standards specific to temporary mobile recycling centers. In addition to the special use permit, the applicant is requesting a variance of 8- feet to standard #1 that no receptacle shall exceed 40-feet in length. The semi-trailers that Goodwill employs are 48-feet in length. The applicant has attempted to address the other standards in her correspondence. She has stated that Goodwill will comply with all requirements of the Sign Ordinance. The trailer is not located within 300-feet of a residential zoning district. In several visits to the site, staff has observed that the applicant does indeed keep the site in a clean and sanitary condition. If the special use permit is approved, staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42-foot front setback requirement in the CH zoning district. Ms. Kalifa will be in attendance at the meeting to answer any questions that the Board may have. The special use permit and variance requests will each need to be considered under separate motions.

14 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 27, 2011 Application: Address: Applicant: Zoning: Requests: Z Old Fort Parkway Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee Inc. Commercial Highway (CH) A special use permit in order to operate a temporary mobile recycling center; and an 8-foot variance to the requirement that no receptacle shall exceed 40-feet in length. The subject property is located along the south side of Old Fort Parkway in the parking lot of the Towne Center Shopping Center (which houses the Lowe s Home Center). The

15 Zoning Ordinance makes provisions for the Board of Zoning Appeals to approve temporary mobile recycling centers for 12-month periods, which may be reapplied for at the end of the 12-month period. This site has been approved by the Board for this use for the past four (4) years, and now the applicant is seeking the maximum 12-month extension (from 8/1/11 through 7/31/12). In discussing with the applicant the operations of the temporary mobile recycling center, the applicant explained that it is manned seven (7) days a week. Clothes, furniture, and other miscellaneous household items are accepted there. Items donated are separated into different bins within the trailer, and when the trailer is full, it is hauled off. An empty trailer replaces the full trailer the following business day. According to the applicant, a donation trailer has been at this location since July 2005, and it averages 88 donors per day. A letter from the Lowe s store manager, representing Lowe s Home Improvement, has been submitted granting Goodwill use of the parking lot for the temporary mobile recycling center. In addition, the location of the Goodwill trailer was approved on a revised Lowe s site plan administratively by the Planning Staff in An excerpt of the site plan has been included for the Board s reference. Attached to the staff comments are the standards specific to temporary mobile recycling centers. In addition to the special use permit, the applicant is requesting a variance of 8- feet to standard #1 that no receptacle shall exceed 40-feet in length. The semi-trailers that Goodwill employs are 48-feet in length. The applicant has attempted to address the other standards in her correspondence. She has stated that Goodwill will comply with all requirements of the Sign Ordinance. The trailer is not located within 300-feet of a residential zoning district. In several visits to the site, staff has observed that the applicant does indeed keep the site in a clean and sanitary condition. If the special use permit is approved, staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42-foot front setback requirement in the CH zoning district. Ms. Kalifa will be in attendance at the meeting to answer any questions that the Board may have. The special use permit and variance requests will each need to be considered under separate motions.

16 Application: Address: Applicant: Zoning: Requests: MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 27, 2011 Z South Church Street Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee Inc. Commercial Highway (CH) A special use permit in order to operate a temporary mobile recycling center; An 8-foot variance to the requirement that no receptacle shall exceed 40-feet in length; and A 250-foot variance to the requirement that no receptacle shall be located closer than 300-feet from residentially-zoned property.

17 The subject property is located along the west side of South Church Street south of Barfield-Crescent Road. It is currently developed as a Food Lion-anchored shopping center. The Zoning Ordinance makes provisions for the Board of Zoning Appeals to approve temporary mobile recycling centers for 12-month periods, which may be reapplied for at the end of the 12-month period. This site has been approved by the Board for this use for the past two (2) years, and now the applicant is seeking the maximum 12-month extension (from 8/1/11 through 7/31/12). In discussing with the applicant the operations of the temporary mobile recycling center, the applicant explained that it is manned seven (7) days a week. Clothes, furniture, and other miscellaneous household items are accepted there. Items donated are separated into different bins within the trailer, and when the trailer is full, it is hauled off. An empty trailer replaces the full trailer the following business day. According to the applicant, this donation trailer averages 28 donors per day. A letter from the property owner has been submitted granting Goodwill use of the parking lot for the temporary mobile recycling center. In 2009 when she first appeared before the BZA for this location, the applicant originally presented two (2) separate options for the placement of the trailer within the parking lot.

18 Her application this year still references both of those locations. Both options were within 300-feet of residentially-zoned property. Option #1, as shown on the attached site plan, is the location that was approved in both 2009 and It is along the very southern end of the parking lot, adjacent to undeveloped commercial property fronting South Church Street. This option is approximately away from the Barfield Commons residential condominium development, however, which is zoned RM-16 (Residential Multi-Family). Thus, the applicant has once again submitted a variance request to the minimum 300-foot distance from residentially-zoned property. Staff has not received any complaints about the trailer in the past year from Barfield Commons residents. Attached to the staff comments are the standards specific to temporary mobile recycling centers. In addition to the special use permit and aforementioned variance, the applicant is also requesting a variance of 8-feet to standard #1 that no receptacle shall exceed 40- feet in length. The semi-trailers that Goodwill employs are 48-feet in length. The applicant has attempted to address the other standards in her correspondence. She has stated that Goodwill will comply with all requirements of the Sign Ordinance. In several visits to the site, staff has observed that the applicant does indeed keep this site in a clean and sanitary condition. If the special use permit is approved, staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42-foot front setback requirement in the CH zoning district. Ms. Kalifa will be in attendance at the meeting to answer any questions that the Board may have. The special use permit and variance requests will each need to be considered under separate motions.

19 Application: Address: Applicant: Zoning: Requests: MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 27, 2011 Z Mercury Boulevard Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee Inc. Commercial Highway (CH) A special use permit in order to operate a temporary mobile recycling center; An 8-foot variance to the requirement that no receptacle shall exceed 40-feet in length; and A 175-foot variance to the requirement that no receptacle shall be located closer than 300-feet from residentially-zoned property.

20 The subject property is located along the south side of Mercury Boulevard just west of Middle Tennessee Boulevard. It is currently developed as the Mercury Plaza shopping center, which is anchored by Goody s and Roses. The anchor space on the east side of the center was previously occupied by Food Lion but is currently vacant. The Zoning Ordinance makes provisions for the Board of Zoning Appeals to approve temporary mobile recycling centers for 12-month periods, which may be reapplied for at the end of the 12-month period. This site was approved by the Board for this use for the first time in 2010, and now the applicant is seeking the maximum 12-month extension (from 8/1/11 through 7/31/12). In discussing with the applicant the operations of the temporary mobile recycling center, the applicant explained that it is manned seven (7) days a week. Clothes, furniture, and other miscellaneous household items are accepted there. Items donated are separated into different bins within the trailer, and when the trailer is full, it is hauled off. An empty trailer replaces the full trailer the following business day. The applicant did not indicate in her application how many donors visit this site on a daily basis. A letter from the property owner has been submitted granting Goodwill use of the parking lot for the temporary mobile recycling center.

21 The applicant wishes to have as much visibility for the trailer as possible, so she is seeking approval to locate the trailer on the north side of the parking lot along the south side of Mercury Boulevard. This option is within 300-feet of residentially-zoned property. The proposed location is approximately 125-feet away from an RS-10 zoning boundary line and 180-feet away from the nearest residential lot. Thus, the applicant has submitted a 175-foot variance request to the minimum 300-foot distance from residentially-zoned property. The nearest affected residential lot is directly across Mercury Boulevard from the subject property, as the west side of Second Avenue north of Mercury Boulevard is still zoned and used for residential purposes. Staff has not received any complaints about the trailer in the past year from residents. Attached to the staff comments are the standards specific to temporary mobile recycling centers. In addition to the special use permit and aforementioned variance, the applicant is also requesting a variance of 8-feet to standard #1 that no receptacle shall exceed 40- feet in length. The semi-trailers that Goodwill employs are 48-feet in length. The applicant has attempted to address the other standards in her correspondence. She has stated that Goodwill will comply with all requirements of the Sign Ordinance. In several visits to the other local Goodwill sites, staff has observed that the applicant does indeed keep the sites in a clean and sanitary condition. If the special use permit is approved, staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42-foot front setback requirement in the CH zoning district. Ms. Kalifa will be in attendance at the meeting to answer any questions that the Board may have. The special use permit and variance requests will each need to be considered under separate motions.

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