PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT PREMIER AUTO SERVICES, INC. VARIANCES

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1 PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: February 14, 2019 Item #: PZ STAFF REPORT PREMIER AUTO SERVICES, INC. VARIANCES Project Name: Premier Auto Services, Inc. Applicant: Michael Luke Braddy Owner: FUSCO I, LLC Proposed Development: Automobile repair and accessory retail sales Request: Two Variances Site Address: 5640 Peachtree Boulevard Parcel Number: Page 1 of 5

2 Current Zoning: Corridor Commercial (CC) - This zoning district is intended primarily for commercial and mixed-use development and related accessory uses at a medium density. This district provides a location for residences, retail, goods and services and offices to satisfy the common and frequent needs of the city's businesses and residents. Design standards and design parameters encourage a pedestrianfriendly traditional urban form, oriented to pedestrians, which limits the conflicts between vehicles and pedestrians. Staff Recommendation: DENIAL District Standards: CC Zoning District Standards (Boulevard Street)(Storefront Street) FAR (max.) 2.5 Rear Yard Setback (min.) None Impervious Surface (max.) 80% Side Yard Setback (min.) None Open Space (min.) 20% Landscape Strip ft Building Height (max.) 60 ft Sidewalk Clear Zone 10 ft Front Yard Setback (min.) None Supplemental Zone 10 ft Current Use: Surrounding Land Uses: Vacant commercial building West, North CC: vacant strip of land; wholesale nursery sales East, South CC: Automobile dealership Site Description: The subject property consists of an approximately 0.3-acre rectangular parcel. A narrow strip of vacant land abuts it on two sides. On the other side of that strip of land is Georgia Wholesale Nursery landscape supplier. The subject lot, and all surrounding lots, are zoned CC. The property contains an approximately 3,960-sq-ft one-story wood and stucco building, constructed in 1966, according to tax records. The property is mostly flat and level, gradually dropping approximately five feet from east to west, front to back. The property is not currently located in a floodplain, although the dated site plan submitted by the applicant indicates that it is. The site is 100% impervious surfaces. A semitrailer is positioned up against the rear façade and appears to have been there for quite some time. The entire width of the frontage, approximately 70 ft wide, is essentially one long curb cut. Faint lines of parking spaces are visible though the parking surface, which is in a very poor state of repair. There are also seven parking spaces on the south façade of the building, which are partially located on the subject property, and which appear to be being used by the business on the adjacent lot. There is a black metal pole sign in the parking area in the front yard. There are no handicapped-accessible facilities on the site. There is no sidewalk or streetscape along the Page 2 of 5

3 frontage of the subject property or the abutting properties, and there are no MARTA bus stop facilities. Site History: There are no previous zoning cases on record for the property. The building was most recently used as a video rental and sales business. That building has been vacant for several years. Description of Proposed Project: The applicant proposes to do the following: - Interior and exterior renovations to the building for use as an automotive repair facility in the rear and automotive accessory sales in the front of the building. The renovations include the installation of five 18 ft by 24 ft bay doors on the north façade. There will not be any sales of automobiles, only accessory sales of accessory features for automobiles in the waiting area. - Restripe the parking areas to include 15 off-street parking spaces on the site, including a handicapped parking space. Two parking spaces will be restriped in the ROW in front of the property, and the applicant is attempting to obtain an access easement to use six parking spaces that are partially located on, and accessible from, the adjacent property located at 5634 Peachtree Blvd, which has the same owner. - The proposed renovations to the building total 34% of the fair market value of the building. Therefore the work does not exceed the 40% Redevelopment Threshold amount, and bringing the site into compliance with the first threshold requirement, to install the required streetscape, is not triggered. Applicant s Variance Requests: The applicant requests VARIANCES from the following regulations of Title 2 of the UDO: 1. Variance from Sec (b)(3) to allow a motor vehicle-related use to be located on a storefront street; 2. Variance from Sec (a) to reduce the amount of required off-street parking spaces from 20 parking spaces to 15 parking spaces. Per the review and approval criteria in Section (a), the Mayor and City Council may authorize variances from the provisions of this UDO only after making the following findings: a. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; There are no extraordinary and exceptional conditions peculiar to the particular property in question because of its size, shape or topography. The only aspect of the site, as it exists today, that is peculiar is the positioning of the building on the lot is such that it makes it difficult to meet the minimum parking space and driveway dimensions. The lot is approximately 200 ft deep along each side lot line, and 70 feet wide. The building is Page 3 of 5

4 approximately 124 ft deep and 41 ft wide from eave to eave. While the applicant cites the fact that the property is located in the Motor Mile Corridor character area as grounds for support of approval of the application, that is not a condition pertaining to the size, shape or topography of the property. b. The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship; The application of the zoning ordinance to the particular piece of property does not create an unnecessary hardship in regards to parking. Motor vehicle-related sales and service operations and modifications requires 1 parking space per 200 sq ft of gross floor area (GFA). General Office use requires 1 space per 250 sq ft of GFA, and general retail requires only 1 space per 300 sq ft of GFA. An office use would only require 14 parking spaces, and would be able to install additional parking spaces along the north lot line that the proposed project is not able to install due to the presence of the proposed bay doors on that building façade. A retail use would require 16 parking spaces. Both general office and retail uses could likely go on the site without the need for a parking variance. Regarding the storefront street regulations there is no hardship. The storefront street regulations apply to applicable all lots in the same way. The use the applicant proposes is allowed in the CC, I, and IT zoning districts anywhere in the city except on storefront streets, and except where expressly stated in any zoning conditions of approval. There are many such lots in the city. c. Such conditions are peculiar to the particular piece of property involved; Such conditions are not peculiar to the particular piece of property involved. d. Such conditions are not the result of any actions of the property owner; or The conditions of the property are not the result of any actions of the owner. The property was developed in the 1960s, before the adoption of the UDO, and by a different owner. e. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. Relief from storefront streets requirements would impair the purposes or intent of the zoning ordinance. The zoning ordinance has the stated purpose, in Sec , of encouraging the most appropriate use of land, buildings and other structures throughout the city, and Council, by adopting the storefront street regulations, Sec , made it a provision of the zoning ordinance that Motor vehicle-related uses and their accessory structures are prohibited, and therefore not an appropriate use of land nor building on said streets. Page 4 of 5

5 If the variance from the storefront street regulations is approved, then relief from parking requirements would not cause substantial detriment to the public good nor impair the purposes of the zoning ordinance, provided that the applicant can secure an access easement or shared parking agreement to utilize the spaces along the subject property s south lot line. Staff Recommendation: Based on the analysis of this application, using the standards and criteria found in Chapter 280 of the UDO, staff recommends DENIAL of the following variance requests: 1. Variance from Sec (b)(3) to allow a motor vehicle-related use to be located on a storefront street; 2. Variance from Sec (a) to reduce the amount of required off-street parking spaces from 20 parking spaces to 15 parking spaces. However, if Council chooses to approve the variance from Sec (b)(3) to allow the motor - vehicle related use on a storefront street, then staff recommends approval of the variance from Sec (a) to reduce the amount of required parking. Should Council motion to approve the variance requests, staff recommends the following conditions of approval: 1. Redevelopment of the site shall be substantially consistent with Exhibit A: Revised Site Plan dated received, January 28, The applicant shall obtain a shared-parking agreement and access easements for use of a minimum of seven parking spaces on the abutting lot, located at 5634 Peachtree Blvd, to the south. 3. The applicant shall remove the non-conforming pole sign in the front yard. 4. The applicant shall remove the tractor trailer and all outdoor storage or rubbish from the site. Attachments: Attachment 1 Exhibit A: Revised Site Plan dated received, January 28, 2019 Attachment 2 Application and Letter of Intent Attachment 3 Location Maps Page 5 of 5

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