06-24-13 Council Agenda & Packet

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2 1). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet to providing a minimum of two trees (2) in the parkway of Kenmore on the west side of the site and one (1) tree along the north property line as shown. The petitioners are asking for approval of this Variance as the property is located in the urban core area of the City with limited area. The Petitioners would add two trees in the parkway area of Kenmore Street in an area presently used for parking. That pavement would be removed and landscaping will be added to soften the western facade of the building, which is also the main entrance. Trees cannot be placed along Western Avenue as the City has recently placed new street lighting in the grass parkway along with the electric line running in the grass area. One tree would also be placed along the north property line away from the existing overhead utility lines running along the alley. The property to the east is a combination home and business which appears to have been vacant for quite some time. The owners do not believe approval of this Variance would be detrimental to any surrounding property. 2). A Variance from the requirement of providing a minimum of a 6 ft. wide landscape planting area along the Western Avenue facade of the existing building to no landscaping and to a minimum of 10 shrubs along the Kenmore Street facade as shown. The Petitioners would state that the Western Avenue frontage has not changed in the last few years and the owners had placed a concrete sidewalk along that frontage. The building does have an entrance to that street that presently is not being used. They would ask to not be required to ripe up the concrete to place a few shrubs along that building front. The petitioners would state that their focus is to remove the existing parking and pavement on the west side of the building that has been used by patrons for the past several years. This parking encroaches into the right -of -way for Kenmore Street. The Petitioners believe removing the pavement and replacing the walk and adding shrubs along the west side of the building meets the intent of the landscape Ordinance for the City. The Petitioners believe approval of this Variance would not adversely affect any surrounding property. - 3). A Variance from the requirement of providing Type "B" Residential Bufferyard screening along the north and east property lines to providing a minimum 6 ft. high landscape screening fence along said property lines to the required 10 ft. sight triangle at northwest corner of site and 10 ft. sight triangle at southeast corner of site as shown. The Petitioners would state that presently the existing paved area behind the building is not screened from the properties to the north or to the east of the petition site. The requirement of a 20 ft. wide residential bufferyard is quite extreme for smaller properties in the urban core areas of the City. The Petitioners are asking to be able to use a screening fence along both the north and east property lines of the site. This provides a solution to the screening of the proposed parking and gas pump areas without the requirement of using an overly large portion of the site. The Petitioners are trying to locate improvements on their site and meet the intent of the Ordinances to screenibuffer the uses from the adjacent properties. They believe approval of this Variance will not have a negative affect on adjacent properties. 4). A Variance to allow parking spaces, pavement and a dumpster and dumpster enclosure to be placed in the 20 foot wide Residential Bufferyard along the north property line and east property line to a minimum of I ft. along the north property line and to a minimum of 211. along the east property line as shown. The Petitioners are asking to encroach into the Residential Bufferyard along both the north and east property lines. This is to allow the placement of parking spaces along the north line and for a dumpster enclosure at the northeast portion of the site. This will allow for the Petitioners to remove the existing parking spaces along Kenmore Street out of the right -of -way and to organize the spaces at the only viable area on the site. This will also allow a location for a trash dumpster that will be placed at a location for easy access for a truck to enter the site, empty the trash and leave the site without unnecessary maneuvering. The Petitioners believe the approval will allow for the site to be used more efficiently than it is used today. The approval of this Variance should not have an adverse impact on surrounding properties.