Click here for the Agenda for the BZA Hearing coming up on February 13, 2012
Click here to see that 3127 Ponce de Leon is on the PUBLIC HEARING NOTICE for the February 13, 2012 Board of Zoning Adjustments meeting
Docket Number: 022-12 DS
Applicant or Agent: Trinitoid LLC/Stephen Mouton
Property Location: 3127 A&B Ponce De Leon Street Zip: 70119
Bounding Streets: Ponce De Leon, N. Lopez, Maurepas, Mystery Sts, & Esplanade Ave.
Square Number: 1554 Lot: G-1
Zoning District: B-1 Neighborhood Business ZBM: C-12
Historic District: Esplanade Ridge Local Historic Planning District: 4
Existing Use: Two-Family Residence
Proposed Use: Mixed-Use (Ice Cream Shop and Single-Family Residence)
Request Citation: This request is for a variance from the provisions of Article 15, Section 15.2.1 (Table
15.A) of the Comprehensive Zoning Ordinance.
Request:
This request is to permit the conversion of a two-family residence into a mixed-use building with
insufficient off-street parking.
Requested Waiver:
Section 15.2.1 (Table 15.A) – Off-Street Parking
Required: 4 Spaces Provided: 2 Grandfathered Spaces Waiver: 2 Spaces
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Proponents speaking are as follows:
Sue Gaden Preece – applicant
Gary Hodges – 1447 Leda Court – contractor for 3129 Ponce de Leon.
Mark Herman – real estate agent at 4618 Palmyra
Debbie Bagert – real estate agent at for Ms. Preece’s offer.
3202 Grand Route Saint John
Opponents speaking
Mary Norris – property owner at 1600, 1604, 1608, 1610 North Lopez
Micheal Cohn – president FSJNA – reverses written opposition from board
Edith Baker – 3130 Esplanade
Mona McMahon – 3115 Ponce de Leon
Joshua Silva – contractor who has done work for Ms. Norris.
unintelligible – resident at 1603 North Lopez
January 13, 2012
Parking waiver for 3129 Ponce de Leon in New Orleans
BZA Agenda ITEM 32 – Docket Number: 026-12 DS
Applicant or Agent: Stephen Mouton
Property Location: 3129 Ponce De Leon Street Zip: 70119
Bounding Streets: Ponce De Leon, N. Lopez, Maurepas, Mystery Sts, & Esplanade Ave.
Square Number: 1554 Lot: F-1
Zoning District: B-1 Neighborhood Business ZBM: C-12
Historic District: Esplanade Ridge Local Historic Planning District: 4
Existing Use: Single-Family Residence
Proposed Use: Retail Store
Request Citation: This request is for a variance from the provisions of Article 15, Section 15.2.1 (Table
15.A) of the Comprehensive Zoning Ordinance.
Request:
This request is to permit the conversion of a two-family residence into a mixed-use building with insufficient off-street parking.
Requested Waiver:
Section 15.2.1 (Table 15.A) – Off-Street Parking
Required: 9 Spaces Provided: 1 Grandfathered Space Waiver: 8 Spaces
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Board of Zoning Adjustments Staff Report | Friday, January 13, 2012 | Docket Number: 026-12 | Prepared by: Derek I. Scheerer
Applicant or Agent: Stephen Mouton is the property owner.
Sue Gaden Preece is the potential buyer and applicant.
Property Location: 3129 Ponce De Leon Street Zip: 70119
Bounding Streets: Ponce De Leon, N. Lopez, Maurepas, Mystery Sts, & Esplanade Ave.
Square Number: 1554 Lot: F-1
Zoning District: B-1 Neighborhood Business ZBM: C-12
Historic District: Esplanade Ridge Local Historic Planning District: 4
Existing Use: Single-Family Residence
Proposed Use: Retail Store
Request Citation: This request is for a variance from the provisions of Article 15, Section 15.2.1 (Table 15.A) of the Comprehensive Zoning Ordinance.
Request:
This request is to permit the conversion of a single-family residence into a commercial building with insufficient off-street parking.
Requested Waiver:
Section 15.2.1 (Table 15.A) – Off-Street Parking
Required: 9 Spaces Provided: 1 Space Waiver: 8 Spaces
Project Description
The subject site is located in the Fairgrounds neighborhood in the Esplanade Ridge Local Historic District on Ponce De Leon Street. The site consists of one (1) flag shaped lot of record that measures forty to sixty (40-60) feet in width by seventy-nine (79) feet in depth with a total lot area of two thousand six hundred sixty (2,660) square feet. The site is occupied by a single-story single-family residence that is setback approximately six (6) feet from the front property line, one point four (1.4) feet from the Esplanade Avenue side property line, from zero to two (0-2) feet from the rear property line, and approximately eleven (11) feet from the North Lopez side property line. The site provides one (1) off-street parking space on the North Lopez side of the residence. The applicant proposes to convert the residence into a home/garden (retail) store and not provide additional off-street parking. (The applicant does not propose to conduct any demolition or exterior renovations to the structure which would require review by the Historic District Landmarks Commission.)
The applicant has not submitted a proposed floor plan for the retail use but has submitted a floor plan that demonstrates the floor plan of the existing residential use. The floor plan indicates that the total gross floor area of the building is approximately one thousand seven hundred ninety-three (1,793) square feet. Retail uses in the district require one (1) off-street parking space per two hundred (200) square feet of gross floor area. The proposed conversion of the building will require the site to provide nine (9) off-street parking spaces. No off-street parking spaces are grandfathered to the site as the one (1) required space for the existing single-family residential use is currently provided.
The applicant owns the subject property and the neighboring property at 3127 Ponce De Leon Street. The neighboring property is currently a two-family residence and is the subject of BZA 022-12. BZA 022-12 is an application to convert the two-family residence into a mixed-use building with an ice cream shop (restaurant) located on the first floor and an apartment on the second floor without supplying the required four (4) off-street parking spaces.1
The applicant proposes to supply one (1) off-street parking space of the nine (9) required spaces for the proposed use. This requires a waiver of eight (8) off-street parking spaces.
Surrounding Development
The petitioned site is located in the Fairgrounds neighborhood on Ponce De Leon Street near Esplanade Avenue in the Esplanade Ridge Local Historic District. The area surrounding the site is composed of residential uses that range from single- to multi-family and several small neighborhood businesses. The small businesses in the area that generally surrounds the intersections of Esplanade Avenue, Mystery Street, Ponce De Leon Street and North Lopez Street, include two (2) small grocery stores, five (5) restaurants, a coffee shop, a wine store, a salon, a pharmacy, a washateria, and a vacant convenience store. Only two (2) of the restaurants, the convenience store and the pharmacy provide off-street parking. The two (2) restaurants that supply off-street parking do not supply the full requirement for their uses. In addition, the majority of residences in the area also do not supply off-street parking or do not supply the required amount based on their number of residential units. The Board has recognized this situation and has granted several waivers in the area for off-street parking to some of the restaurants in the past.2 The other businesses have historically never supplied off-street parking. The combination of these conditions has stressed the supply of available on-street parking to a level where it is difficult to find on-street parking during peak hours. Of the eighteen (18) lots in this area that are zoned commercially, only five (5) lots/sites are not developed with businesses.
Impact and Analysis
1 The subject property is under contract for sale contingent upon the receipt of waivers for off-street parking for the proposed commercial conversion.
2 BZA 092-88, 3127 Esplanade Avenue, R: 8 P: 3 (grandfathered) W: 5 BZA 072-85, 3127 Esplanade Avenue, R: 8 P: 3 (grandfathered) W: 5 (waivers expired with the business)
BZA 187-82, 3125 ½ Esplanade Avenue, R: 3 P: 0 W: 3
According to the Comprehensive Zoning Ordinance, the Board of Zoning Adjustments must consider the following criteria in order to determine what impact the requested variance wouldhave on adjacent properties if it were approved. The procedure affords an applicant relief from the strict requirements of the zoning law when unnecessary hardship or practical difficulty exists.
1. Do special conditions and circumstances exist which are peculiar to the land, structure, or building involved which are not applicable to other lands, structures, or buildings in the same zoning district?
Yes. The subject site is a flag shaped lot that has historically supplied only one (1) off-street parking space. The shape of the lot prevents the site from providing more than one (1) permissibly located, un-stacked space.
2. Will the literal interpretation of the provisions of the ordinance deprive the applicant of rights commonly enjoyed by other properties in the same district?
Yes. The literal interpretation of the ordinance will deny the applicant of rights commonly enjoyed by other properties in the district. The subject site and the area surrounding it are zoned B-1 Neighborhood Business District and comprise several small businesses that do not supply their required off-street parking or supply a limited number of off-street parking spaces that do not meet their uses’ requirement.
3. Do any special conditions and circumstances result from the actions of the applicant or any other person who may have (or had) an interest in the property?
Yes/No. The applicant proposes to convert a structure that has historically been residential into a commercial structure for retail use that requires an increase in the number of off-street parking spaces to be provided. However, the majority of the other businesses in the area are located in structures that were formerly residential and were similarly converted into commercial uses. These uses, particularly the retail uses, vary in size and many exceed the floor area of the subject structure while some are less. Only two (2) of the six (6) retail uses/buildings in the area provide off-street parking.
4. Will the granting of the variance confer on the applicant any special privilege, which is denied by this ordinance to other lands, structures, or buildings in the same district or similarly situated?
No. As noted above, it is not common in the area for businesses to supply off-street parking.
5. Will the variance(s), if granted, alter the essential character of the locality?
No/Possibly. Although the proposed variance to supply ratio appears to be large (8:1), the staff does not believe it will grossly affect the character of the area. The addition of another retail outlet to the area will generally enhance its character and compliment the other businesses. The success of the proposed business or future businesses located within the subject building does have the potential to negatively affect the locality if they become destination places that attract vehicular traffic from outside of the neighborhood,
but the cumulative impact of businesses and residences in the area not supplying off-street parking is almost maxed out as the availability of sites that are commercially zoned dwindles.
6. Will strict adherence to the property regulations result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience?
Yes. As previously mentioned, the site is zoned for commercial use and cannot supply the required off-street parking for the conversion. Any conversion of the building to any commercial use for which it is zoned will require waivers for off-street parking. Strict adherence to the regulations will restrict the use of the property to residential which is permitted in the B-1 District.
7. Is the purpose of the variance based exclusively upon a desire to serve the convenience or profit of the property owner, or other interested party(s)?
Yes. Although the site is zoned for commercial use, it is currently and has historically been a single-family residence. The conversion of the structure to a commercial use is based on the convenience and profit of the current and future owner.
8. Will the variance be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located?
No. The proposed variance will not be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood.
9. Will the variance impair the adequate supply of light and air to adjacent property, substantially increase traffic congestion in the public street, increase the danger of fire, or endanger the public safety?
No. The proposed variance will not impair the supply of light and air to adjacent property, substantially increase traffic congestion, or increase the danger of fire.
Staff Recommendation
Based on this report, the staff believes the request does satisfy the nine criteria as they pertain to the requested variance. Therefore, the staff recommends APPROVAL of the request, subject to the following provisos:
1. Prior to the issuance of a building permit by the Department of Safety and Permits, the applicant shall submit revised site, floor, elevation, and landscape plans of the subject site to the Board of Zoning Adjustments staff for review and approval. These plans shall be the plans for which the building permit is issued.
2. The applicant shall restore the sidewalks and curbs on all street frontages located within the public right-of-way adjacent to the site, subject to the review and approval of the Department of Public Works.
3. Prior to the issuance of a building permit from the Department of Safety and Permits, the applicant shall provide to the staff of the Board of Zoning Adjustments a litter abatement program letter, inclusive of the stated location of litter storage, the type, and quantity of trash receptacles, the frequency of litter pickup by a contracted trash removal company, and the clearing of all litter from the sidewalks. The name and phone number of the owner or operator of the development shall be included in this letter to be kept on file in case of any violation. In no case shall litter be stored so that it is visible from a public right-of-way. Any trash receptacles or dumpsters shall be enclosed on four sides by a six (6) foot high opaque fence in conjunction with landscaping around the perimeter of such structure.
4. The applicant shall secure the approval of the Historic District Landmarks Commission for any exterior work or demolition at the site and for any exterior design changes to the structure.
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