BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: March 4, 2013

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1 # 5 ZON BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: March 4, 2013 CASE NUMBER 5816 APPLICANT NAME LOCATION VARIANCE REQUEST James & Sylvia Hunter 560 Charles Street (Northwest corner of Charles Street and New Jersey Street) USE: Use Variance to allow a barber shop in an R-1, Single-Family Residential District. PARKING: Parking Variance to allow a commercial use with no parking on site. SETBACK: Setback Variance to allow reduced front, side and rear setbacks. TREE PLANTINGS: Tree Planting Variance to allow no frontage trees. ZONING ORDINANCE REQUIREMENT USE: The Zoning Ordinance requires a minimum of B-2, Neighborhood Business District for a barber shop. PARKING: The Zoning Ordinance requires parking for commercial uses, and that the parking be located on the same site as the use. SETBACK: The Zoning Ordinance requires full compliance with required front, side and rear setbacks. TREE PLANTINGS: The Zoning Ordinance requires full compliance with the frontage tree planting requirements. ZONING AREA OF PROPERTY ENGINEERING COMMENTS R-1, Single Family Residential 2,401 square feet / 0.05+Acres No comments.

2 # 5 ZON TRAFFIC ENGINEERING COMMENTS Parking request recommended for Denial. Traffic Engineering cannot approve a plan that will create on street parking for a business. The parking issue becomes even more problematic since it is located at an intersection. URBAN FORESTRY COMMENTS No comments CITY COUNCIL DISTRICT District 2 ANALYSIS The applicant is requesting Use, Parking, Setback and Tree Planting Variances to allow a barber shop with no parking, reduce front, side, and rear setbacks, with no frontage trees in an R-1, Single-Family Residential District; the Zoning Ordinance requires a minimum of a B-2 Neighborhood Business district to allow a barber shop, all required parking to be on the same site, and full compliance with all setbacks and tree planting requirements. The applicant proposes to reopen a barber shop/beauty salon that has been closed since roof damage caused by Hurricane Ivan in As more than two years have passed, any previous non-conforming use applicability has expired, hence the application at hand. The applicant s variance requests are to essentially use the building as-is, with no changes to the site to accommodate the current requirements of the Zoning Ordinance. The Zoning Ordinance states that no variance shall be granted where economics are the basis for the application; and, unless the Board is presented with sufficient evidence to find that the variance will not be contrary to the public interest, and that special conditions exist such that a literal enforcement of the Ordinance will result in an unnecessary hardship. The Ordinance also states that a variance should not be approved unless the spirit and intent of the Ordinance is observed and substantial justice done to the applicant and the surrounding neighborhood. Variances are not intended to be granted frequently. The applicant must clearly show the Board that the request is due to very unusual characteristics of the property and that it satisfies the variance standards. What constitutes unnecessary hardship and substantial justice is a matter to be determined from the facts and circumstances of each application. The site, located at the corner of Charles Street and New Jersey Street, has been used for barber or beauty shops at least as far back as 1980 (per city directories easily available to staff), and the 707 square foot structure appears to have existed at this location at least back to the late 1950s (per Sanborn Fire Insurance Maps). The existing building is already internally set up as barber shop, with two barber chairs and restroom facilities: permits were issued in 2000 regarding internal remodeling for a barber / beauty shop. While the site is residentially zoned, it is apparent that conversion of the existing cinder block structure to a residential use would necessitate a change of occupancy

3 # 5 ZON Regarding parking, the site does not have any parking on site, and an existing 54 inch live oak tree, the existing building, and the small size of the site limits the ability to provide any parking on site. The size of the building, 707 square feet, would require two (2) parking spaces. The applicant states that the barber / beauty shop will serve mainly walk in business. The applicant additional states that the two employees will park next door at a residential property that is owned by the applicant s family, and that overflow parking is available at a vacant residential lot two doors North, owned by a family friend. As the applicant has not included the adjacent property or the vacant lot two properties North of the site as part of the variance application, off-site parking cannot be considered for the application. The application should be revised to include a site plan depicting the off-site parking, and any additional variance requests necessary regarding paved parking surfaces, landscaping, buffering, etc., which would customarily accompany such a request. It should also be pointed out that Traffic Engineering is opposed to any request that would encourage on street parking for a commercial use at this location. The setback variance requests appear justified, due to the fact that the building is existing, and was constructed prior to the current Zoning Ordinance requirements. Compliance with a 25-foot setback along Charles Street would require the removal of the existing building, as the property is only 28 feet deep. Lastly, the applicant has requested a waiver of any tree planting requirements. The existing 54- inch oak tree on the site is within the 25-foot setback of both Charles Street and New Jersey Street. According to the Zoning Ordinance, the site should have 2 frontage trees along Charles Street, and 3 perimeter trees on the site. The tree credits for the existing live oak are the equivalent of 9 trees, thus the site exceeds the minimum tree requirements. The existing live oak does appear to have some dieback, thus the provision of 1 new live oak tree at the corner Southeast corner of the property may be a worthwhile consideration. RECOMMENDATION: Based on the preceding, this application is recommended for Holdover until the April meeting to allow the following to take place by March 11, 2013: 1) Amendment of the variance application to request off-site parking at 554 and 558 Charles Street, with property owner approvals for the application, additional variance fees (off site parking, no commercial parking compliance paving, maneuvering area, etc.,, no buffering, trees or landscaping, etc.), postage and notification labels for all people within the 300-foot notification area of the expanded variance request; and 2) Submission of 7 copies of revised site plan depicting the two off-site parking locations, and the associated narrative addressing issues relating to the off-site parking

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