11-26-12 Council Agenda & Packet

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3 5).A Variance from the requirement of providing a minimum 24 ft.aisleway in the shown north parking area to a minimum of 22 ft. The Petitioners are requesting to be able to have a smaller than required aisleway for their proposed Parking area.They want to replace the existing parking on Kenmore Street to an on-site location.The best place for the new parking is north of the existing building.Based on the location of the building, there is a limited area for parking spaces and the aisleway. The Petitioners are balancing the maneuvering area and the size of the spaces.The 22 ft.aisle is adequate for the small amount of car parking provided.At this Convenience store,a large portion of patrons using the store walk from their homes from the surrounding neighborhood.The Petitioners do not believe approval of this Variance will adversely affect the surrounding properties. 6).A Variance from the requirement of providing a minimum 20 ft.in length parking spaces to a minimum of 19 ft.as shown in the north parking area. The Petitioners are requesting the ability to reduce the length of their parking spaces from the Minimum required 20 ft. length to 19 ft.As mentioned in the previous Variance request,the site is limited in the amount of area for spaces.The Petitioners believe they have balanced the space by having parking spaces at 19 ft.and the aisleway at 22 ft.This is similar to other small parking lots used in the City with limited property.This request is to remove the existing parking spaces that are presently in the right-of-way of Kenmore Street.The Petitioners believe the small parking lot will work with the amount of traffic that is typical of this Convenience store.The Petitioners do not believe approval of this Variance will have a negative impact on adjacent properties. 7).A Variance to allow a Canopy over the gasoline pumps to encroach a maximum of 13 ft.into the 20 ft. wide Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown. The Petitioners are requesting a Variance to encroach into the Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown.The Ordinance does not require a Residential Bufferyard for properties with a MU Mixed Use zoning classification.The adjacent property has that MU classification.The gray area in the Ordinance is that if an adjacent property has a residential use,the Bufferyard is required.The adjacent property has a residential home in the rear attached to a store front. The Petitioners decided to take the conservative approach and request the Variance to allow the Canopy over the gas pumps to encroach into the perceived Residential Bufferyard.The Canopy would encroach 15 ft.into the 30 ft. Front yard setback along Western Avenue.This would still place the Canopy behind the front facade of the existing building.The Petitioners do not believe that this encroachment for the Canopy would have an adverse impact on the adjacent property that contains a home with a retail store or along the streetscape of Western Avenue. 8).A Variance from the requirement of providing a minimum of a 10 ft.wide drive-thru lane and 12 ft. wide bailout lane for the proposed Gasoline Dispensing facility to providing a minimum of 9 ft.wide drive-thru and bailout lanes as shown. The Petitioners are asking to be allowed to reduce the width of drive lanes defined in the Ordinance as"drive-thru lanes"and"bail out lanes".Again,a gray area exists in the Ordinance as it relates to access and vehicle parking at gasoline pumps.The Petitioners decided to ask for a reduction in the size of the lanes,in case that it may be interpreted that gasoline pumps fall in the same category as drive-thru and bail out lanes for fast-food restaurants and banks.The paved area around the proposed gas pumps will be large enough to allow cars to be at the pumps and still leave room for a"bail out"lane around the pump islands.The gas pumps are not the primary use at this Convenience store but only an added service being provided to patrons.The Petitioners do not believe approval of this Variance would negatively impact surrounding properties. 9).A Variance from the minimum 15 ft.parking setback along Kenmore Street to a minimum of 6 ft. for proposed parking spaces as shown.