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.
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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!:;;
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Tarnbri J. H'eyde
TJH:frb
xc: Central File
LewisDCC
x (2)