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LEGAL APPROVAL MEMORANDUM October 30, 1989 TO: Chairman and Members Planning and Zoning Board THRU: Timothy P. Cannon Acting Planning Director y-e, FROM: Tambri J. Heyden Assistant City Planner Lewis Day Care Center - Parking Lot Variances File No. 347 RE: section 5-l45(c)(4) of the Code of Ordinances requires that when a variance to Section 5, Article X, Parking Lots is requested, the Technical Review Board must forward to the Planning and Zoning Board a recommendation, and that the recommendation forwarded is to be made a part of the public hearing proceedings. To that end, this memo is forwarded, consistent with 5-l45(c)(4). ":> Kimberly Dellastatious, agent for Gwen Lewis, contract purchaser, has requested two variances to the Parking Lot RegUlations. These variances are being requested in conjunction with a sidewalk exception and a conditional use approval for conversion of a single-family home into a day care center at 510 N.E. 2nd Street. The day care center use requires a 5 space parking lot that meets current codes; currently no parking lot exists. However, because of the size constraints of the 50 foot by 156 foot lot, parking cannot be laid out consistent with the parking lot regUlations. For this reason, the following variances are being requested: "', . . 1) A variance to Section 5-142(i)(1) "Parking lot layout", which requires that parking lots "be designed to meet or exceed the dimensional requirements for stalls, driveways, and access aisles as provided in the city standards". As illustrated in the attached copy of the proposed site plan, the agent is requesting to be allowed to "stack" one of the five required parking stalls and therefore omit the required curbing/wheel- stop at the end of the "stacked" parking stall, and to omit driveways and back-up aisles for access to the parking stalls. A variance to Section 5-142(i)(2) "Parking lot layout", which requires that "each parking lot or parking stall shall have sufficient access from a street, alley, or other public or private way. Maneuvering and access areas shall be of sufficient size to permit vehicles to enter and exit the parking lot and parking stalls in a safe and efficient manner". This section also states, "in no instance shall parking lots be designed to allow vehicles to back out into any public alley or road rights-of-way" . In this instance, the agent is requesting that all 5 parking spaces proposed be allowed to back out onto N.E. 2nd Street, a public right-of-way. 2) ... I Please refer to application for variances. the the attached notice of agent's justification public hearing and for the requested On Thursday, October 19th, 1989, the Technical Review Board (TRB) met to review the plans and documents submitted, and to formulate a recommendation with regard to the variances requested. After review and discussion, the TRB recommended denial of the variances to Section 5-142(i)(1) and (2) "Parking lot layout" as submitted, based on the following findings: A@ 1) Because of the way day care centers typically function, parking demand and traffic generation occur within a relatively short, concentrated, period of time in the morning (7:30-9:00 A.M.) and afternoon (4:00-5:30 P.M.) hours. Northeast 2nd Street is a 50 foot local street designed to accommodate the level of traffic generated from local, residential use. Backing out into the right-of-way would compound the problems anticipated with increased traffic in this neighborhood generated from this use, promote haphazard traffic circulation and jeopardize vehicular and pedestrian safety. 2) The drop-off area required by code cannot function with parking spaces backing into it. The drop-off area designed will not serve to alleviate some of the parking demand problems and traffic circulation patterns associated with this use. 3) The "stacked" space requested, one of the five spaces provided, cannot be credited to meet the five parking spaces needed for this use. This space does not function as a parking space with proper access as it is obstructed by another parking space. The "stacked" space would only be usable when the parking space obstructing it is vacant. Taking this into considera- ation, 4 parking spaces are available, one of which is reserved as a handicap space. Wi th the number of children anticipated at the day care center and the number of staff required by Health and Rehabilitative Services, it is reasonable to assume that of the 4 parking spaces available, 2-3 parking spaces will be occupied by staff, leaving approximately one parking space for use by parents and visitors piCking up and dropping off children. 't' 4) The omission of driveways and access aisles creates an undesirable situation for emergency vehicles. Emer- gency vehicles would have to park in the right-of-way when responding to an emergency. This would conflict with passing vehicles on N.E. 2nd street and "park in" or block vehicles from leaving or entering the parking spaces which back into the right-of-way. 5) The problem of not being able to accommodate required elements such as driveways, access aisles, and sufficient access to all parking stalls from a street, <alley or other public or private way, on this small parcel was determined by the Technical Review Board not to be justification for a variance to the Parking Lot Regulations. This parcel is comprised of two 25 foot wide lots, platted in 1920 as part of the C. W. Copps' Addition to Boynton subdivision for residential use. It was the Technical Review Board's view that this day care center use as proposed, is too intense for this parcel. 6) Approval of the requested variances could set a precedent for future parking lot designs in the City which jeopardize public safety, particularly where children are at risk. With reference to Article X, Section 5-145(c)(3), it was the consensus of the Technical Review Board that the granting of the requested variances would not be in harmony with the general intent and purpose of this article and would be injurious to the neighborhood and detrimental to the public welfare. /J i!:;; ..d~(~9, ~ Tarnbri J. H'eyde TJH:frb xc: Central File LewisDCC x (2)