A request by Hugh Morris is in keeping with uses in the neighborhood. The property is located across the street from a new residential development, so a day care facility is an appropriate use for the area. It is also next to industrial or commercial properties and is compatible with their size and scale. The property is zoned industrial, so the proposed use will not exceed the intensity that other uses allowed in this zone could produce, except for traffic generation.
Morris plans to start the day care with five children and grow to 20 children by the start of school next year. His two-year goal is to have the number of children as high as 40, which according to the Institute for Planning Engineers translates into about 32 trips a day, with most of the trips occurring at rush hour when parents either drop children off or pick them up on the way to and from work.
The request was delayed until the next month after the housing developer, Adam Green, said he had to agree with the city to build an intersection on the east end of Neely Circle at a cost of about $25,000. He has posted a bond for the work he expects to be done in 12 to 18 months as the property develops. The Neely Circle development is situated on 2.78 acres inside the area between 20th Street and Neely Circle, between APD 40 and Mayfield Elementary School. The east and west entrances are both dangerous, according to planning staff.
In exchange for plat approval to develop Neely Circle, the developer agreed to improve the intersection on the east end. In return, the city will widen and pave Neely Circle and make intersection improvements on the west end of the circle.
“My issue is, in approving this, they are gaining the benefit of an intersection that is going to cost me $25,000,” Green said. “I think a day care there, from the standpoint of what I’m building, is a marvelous idea.”
Morris was unable to attend the meeting rescheduled from Sept. 14, due to a prior commitment. The item was delayed because Morris was unable to attend the meeting.
On other agenda items:
- Board members unanimously approved a request by Steve Birger for a setback variance for property with no address on New Castle Drive N.E. in the Stonebriar subdivision. Birger asked for a variance to allow a building to go no closer than four feet from the property line. There is a ditch on the south side of the property that will cause a topographic hardship if the building is placed in a location that meets the standard side setback of 10 feet. The adjacent property on the side affected by the variance has a building 17 feet away from the side property line. If Birger’s building went in four feet from the property line, the distance between the buildings would be a no less than 21 feet. This is a normal distance between buildings on lots that have 10-foot side setbacks. Staff recommended approval of the variance request.
- The board unanimously approved a request by Belicia Frauwirth for a setback variance for property with no postal address on Old Mouse Creek Road N.W. The applicant’s property is in a low-lying area just outside of a floodplain. The request is to move a future building to the side of the property farthest from the floodplain.
Even though the property is zoned Commercial Highway (CH), the two streets adjacent to this property are not heavily used. With the building setback of 15 feet from both streets, no site distance issues are anticipated.
There will also be plenty of room for parking with these setbacks. Staff recommended approval of the variance request. Staff did not recommend an accompanying request to treat two adjacent streets, Old Mouse Creek Road and Lacey Streets, as alleys.
- The board unanimously approved a request by Rebecca Nolen McKenzie for setback variances at 880 Harle Ave. N.W. This property, zoned Single Residential (R1) is odd shaped. If the lot were five feet smaller, staff could have approved the variance for the side setback. Because the lot is 80 feet wide, street setbacks apply and double the size of the required distance from the right of way to the street. The requested rear setback is nine feet from the neighbor and this is not harmful to zoning, staff said; they recommended approval.
- Board members unanimously approved a request by Jim Shumate for a parking variance for a parcel with no postal address on Adkisson Drive N.W. The property is located across from the driver’s license testing station.
