APPLICATION NUMBER 5370/5225/3870 A REQUEST FOR

Similar documents
APPLICATION NUMBER A REQUEST FOR

APPLICATION NUMBER A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 1, 2019

APPLICATION NUMBER 5416/4237/4096 A REQUEST FOR

# 6 ZON BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: November 5, B-4, General Business District. 0.06± Acres

APPLICATION NUMBER 5499/5290 A REQUEST FOR

APPLICATION NUMBER A REQUEST FOR

APPLICATION NUMBER 5508/5328 A REQUEST FOR

APPLICATION NUMBER 5588 / 5291 A REQUEST FOR

APPLICATION NUMBER A REQUEST FOR

APPLICATION NUMBER A REQUEST FOR

APPLICATION NUMBER A REQUEST FOR

262 SOUTH BROAD STREET

APPLICATION NUMBER A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: August 4, 2014

HOLDOVER APPLICATION NUMBER A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: December 5, 2016

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

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: July 6, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 6, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: January 9, 2017

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: June 1, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 4, 2016

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: November 7, 2016

APPLICATION NUMBER A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 1, 2019

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: July 6, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: February 2, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: July 6, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: March 7, 2016

T-MOBILE DAVID WILKINS MESSINA & HARRIS, INC.

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: July 9, 2018

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: November 2, 2015

ROCKY RIVER BOARD OF ZONING & BUILDING APPEALS

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: January 4, 2016

GRANVILLE TOWNSHIP BOARD OF ZONING APPEALS GRANVILLE, OHIO APPEAL OF A DECISION OF THE ZONING INSPECTOR

Taylor Lot Coverage Variance Petition No. PLNBOA North I Street Public Hearing: November 7, 2012

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 1, 2019

Payment of application filing fee Fee = $300 + Legal Notice ($25) + Notification ($8.92 per name on Notification List)

Department of Planning and Development

INSTRUCTIONS FOR VARIANCE APPLICATIONS Single-family or Two-Family Residential Properties (No Subdivision or Site Plan Application)

Town of Bristol Rhode Island

Staff findings of consistency with the Land Development Regulations and the Comprehensive Plan follow: Request One

STAFF REPORT #

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: September 10, 2018

APPLICATION FOR A VARIANCE

BOARD OF ADJUSTMENT, PANEL A PUBLIC HEARING MINUTES DALLAS CITY HALL, COUNCIL CHAMBERS TUESDAY, APRIL 21, 2015

Board of Adjustment Variance Staff Report Hearing Date: June 19, 2014

TOWN OF EPPING, NEW HAMPSHIRE ZONING BOARD OF ADJUSTMENT APPLICATION PROCEDURES

TOWNSHIP OF BRICK LAND DEVELOPMENT APPLICATION

ZBA APPLICATION INSTRUCTIONS (Updated Jan 2015)

NOTICE OF DEVELOPMENT VARIANCE PERMIT (362 MACDONALD STREET)

City of Jacksonville Development Guide Zoning. A publication to help people understand the Zoning process in the City Jacksonville.

Zoning Continued. Two Types of Variances

BELMONT LAND USE OFFICE

AMENDED AGENDA BLUFFDALE CITY BOARD OF ADJUSTMENT. January 24, 2017

TOWN OF OSSIPEE ZONING BOARD OF ADJUSTMENT REQUEST FOR VARIANCE

(EXHIBIT A) APPLICATION FOR VARIANCE

CITY OF SARATOGA SPRINGS

TO: Glynn County Board of Appeals. Eric Lee Johnson, Planning Division Manager. ZV Ocean Road. DATE: February 3, 2015

ZONING BOARD OF ADJUSTMENT August 7, 2017 STAFF REPORT

Staff Report. Variance

TOWN OF GILMANTON ZONING BOARD OF ADJUSTMENT THURSDAY, AUGUST 21, PM. ACADEMY BUILDING MINUTES

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD MONDAY, OCTOBER 19, The Board of Adjustment met at 4:00 p.m. on Monday, October 19, 2015.

TOWN OF TEMPLE ZONING BOARD OF ADJUSTMENT APPLICATION Revised June 2017

CHAPTER NONCONFORMITIES.

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

INSTRUCTIONAL PACKET FOR VARIANCES

SMALL CELL TECHNOLOGY in the Right-of-Way ADMINISTRATIVE VARIANCE APPLICATION Community Development Department

Zoning. Road within the Wharf at a. Citizen. 0 Letter of. 2. Aerial Map. Plats. Public Interest the Zoning. because the. January 7,

BOARD OF ADJUSTMENT TUESDAY, NOVEMBER 13, :00 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS AGENDA

Land Use Application

Deerfield Township Zoning Resolution

CONDITIONAL USE/ VARIANCE PERMIT APPLICATION

PROPOSED FINDINGS FOR ZONE HEIGHT VARIANCE APPLICATION

PROPOSED FINIDINGS ZONE VARIANCE APPLICATION FOR HEIGHT VARIANCE

APPLICATION FOR VARIANCE Chapter 50, Land Development Code Levy County, Florida

TOWN OF BUENA VISTA APPLICATION FOR A VARIANCE. Month _April Day 1 Year _2012_

CHARTER TOWNSHIP OF SUPERIOR WASHTENAW COUNTY, MICHIGAN PRIVATE ROAD ORDINANCE ORDINANCE NO. 163

VARIANCE CASE NUMBER: PLN

CITY OF NAPLES STAFF REPORT

Chapter 6 Summary Control of Land Use: Control of Land Use

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

WILTON ZONING BOARD OF APPEALS - RESIDENTIAL VARIANCE APPLICATION - ZBA#

AMENDED AGENDA BLUFFDALE CITY BOARD OF ADJUSTMENT. October 4, 2016

CITY OF DECATUR, TEXAS Development Services 1601 S. State Street Decatur, TX (940) voice (940) fax

Zoning Board of Appeals

DEPARTMENT OF DEVELOPMENT SERVICES BOARD OF ADJUSTMENT BRIEFING For Meeting Scheduled for December 15, 2010 Agenda Item C2

NOTICE FOR POSTING MEETING OF BOARD OF ADJUSTMENT, PANEL C MONDAY, MAY 18, Briefing: 10:00 A.M. 5/E/S Public Hearing: 1:00 P.M.

City of Surrey PLANNING & DEVELOPMENT REPORT File:

Planning Department Frequently Asked Questions

BOARD OF ADJUSTMENT, PANEL B PUBLIC HEARING MINUTES DALLAS CITY HALL, L1 AUDITORIUM WEDNESDAY, FEBRUARY 19, 2014

APPENDIX E FORMS INDEX OF ZONING FORMS

City of Boyne City Guide to Development

SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT January 11, 2008

Final Agenda CITY OF OVERLAND PARK BOARD OF ZONING APPEALS Wednesday, October 10, :00 P.M. Council Chamber City Hall 8500 Santa Fe Drive

PETITION FOR VARIANCE. Village Hall Glen Carbon, IL (Do not write in this space-for Office Use Only) Notice Published On: Parcel I.D. No.

PUBLIC HEARING: October 14, 2014 Planning and Land Development Regulation Commission (PLDRC)

Board of Zoning Adjustments Staff Report Monthly Meeting Monday, June 13, 2016

Transcription:

APPLICATION NUMBER 5370/5225/3870 A REQUEST FOR USE VARIANCE TO AMEND A PREVIOUSLY APPROVED USE VARIANCE TO ALLOW THE EXPANSION OF A PEST CONTROL SERVICE IN A B-2, NEIGHBORHOOD BUSINESS DISTRICT; THE ZONING ORDINANCE REQUIRES A MINIMUM OF B-3, COMMUNITY BUSINESS DISTRICT FOR A PEST CONTROL SERVICE. LOCATED AT 619 AZALEA ROAD (North side of Azalea Road, 1,060 + West of Village Green Drive) APPLICANT/OWNER BUGMASTER EXTERMINATORS AGENT FRANK A. ALARDO BOARD OF ZONING ADJUSTMENT SEPTEMBER 2006

ANALYSIS APPLICATION 5370/5225/3870 Date: September 11, 2006 The applicant is requesting a Use Variance to amend a previously approved Use Variance to allow the expansion of a Pest Control Service in a B-2, Neighborhood Business District; the Zoning Ordinance requires a minimum of B-3, Community Business District for a Pest Control Service. This application seeks to amend two previous Board approvals for a pest control service. The original application was approved in 1983 to allow the pest control service in an R-1, Single-Family Residential District. Bugmaster has operated on the existing site for 23 years. The existing site and the adjacent lot to the East were requested for rezoning to B- 3 in 2001, but were approved for B-2, and in 2004 the applicant submitted a Use Variance to allow the use of the adjacent lot for the pest control service with proposed office and truck storage facilities. That application was recommended for denial, but was approved by the Board. No permits were issued for any of the site development and that variance expired. The applicant now desires to proceed with an expansion of the existing site to include what was to be the proposed new site to the East in the previous variance application. The current proposed site plan received Planned Unit Development Approval by the Planning Commission on August 17, 2006 to allow an office building, two carports, and three accessory buildings on a single building site. One of the conditions of approval of that application is the submission and approval of a Use Variance. The applicant proposes to build a new 5,000 square foot office building on the adjacent property and remove the existing office building to allow for part of the increased on-site parking. It is stated that Bugmaster proposes to take an empty lot and build an aesthetic office building with landscaping that would elevate the neighbors property values. Two existing carports and three small existing accessory buildings will remain on site. Proposed hours of operation will be Monday through Friday from 7:00 AM to 6:00 PM and Saturday form 8:00 AM to noon. Currently the applicant employs 11 outside technicians and 5 office staff. The applicant acknowledges that pest control services require B-3 zoning; however, the applicant assumes that was required in the past because of the different types of chemicals that were utilized, such as DDT and chlordane, which have since been discontinued. Use Variance applications are typically submitted requesting an existing structure to be used for a specific use, such as an office for an attorney. In this particular case, most of the site would consist of new development. The approval of this request would essentially create a new B-3, Community Business District allowing any pest control use. Use Variances may alter the character of a neighborhood beginning a domino effect, as adjacent properties seek similar requests due to the now-changing character of the area. Furthermore, based upon the lack of evidence submitted by the applicant, there is no hardship associated with the property.

The Zoning Ordinance states that no variance shall be granted where economics art 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 applicant failed to illustrate that a literal enforcement of the Zoning Ordinance would result in an unnecessary hardship. It is simply the applicant s desire to expand a Pest Control Service in a B-2 District. In addition, the granting of such a variance would set an undesirable precedent and would encourage future applications of a similar nature, specifically adjacent property along Azalea Road. Inasmuch as the previous Use Variance was granted by the Board, this application is for a larger site area and the Board should consider its negative impacts within the adjacent B-2 zoning,

RECOMMENDATION 5225/5370/3870 Date: September 11, 2006 Based upon the preceding, it is recommended that this application be denied