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HomeMy WebLinkAboutBELLA VISTA #2 Lots 24 & 25 #87-013 MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION Environmental Health Division CASE REVIEW WORKSHEET i CASE NUMBER: I DATE RECEIVED: I 87-013 J March 2, 1987 SUBDIVISION OR PROJECT TITLE: Lots 24 & 25 Bella Vista Subdivision #2 ICOMMENTS DUE BY: March 16, 1987 ( ) PUBLIC WATER AVAILABLE ( ( ) COMMUNITY WATER AVAILABLE ) PUBLIC SEWER AVAILABLE COMMENTS: 71-014 (Rev. 5/83) Building Permit: THE MUNICIPALITY OF ANCHORAGE ZONING BOARD OF EXAMINERS AND APPEALS APPLICATION FOR VARIANCE Phone Number:. ~ ~ ~ "~: Legal Description of Property Involved: Lot ~,,~ Z--~ B~ock_ -" Subdivision ~-'"~ ~ Present/Future Use of Property /~~r - ~r~/~u~, Tax Assessing No.: ~'//::~, _ BITE PLAN REQUIRED. This is a request for a variance from Section '~/, </-:)*,' ~3 / ~ of the Land Use Regulations Ordinance DO NOT WRITE IN THIS SPACE D.t.R..,ved: ~: ~ ~ - ~.~7 R.c.,pt.o.: _3~-~ Z.B.E.A. Case No.: ~-~ Hearing Date: ~- ?' ~ ~ Approved Conditions: Date of Appeal: Hearing Date: Approved Conditions: Letter Sent: Permit Issued: DISPOSmON Denied (See Minutes) Denied · . (See Minutes) B. Granting of this petition would permit: ~;~ - ,,~'~~"~ ~/~'/I/~ , BEFORE A VARIANCE MAY BE GRANTED, THE APPLICANT MUST PROVE THAT EACH OF THE FOLLOWING SIX CONDITIONS HAVE BEEN FULFILLED. ANSWER EACH OF THE CONDITIONS IN DETAIL, USING ADDITIONAL SHEETS IF NECESSARY. The undersigned alleges that: 1. Special conditions exist which are I)m3ullar to this land, structure of bUilding Involved and are not applicable to other land/structures in the same district. These special conditions are: (over) 04,4)46 (~VM) Front 2. Strict Interpretation of the provisions of the Zoning Ordinance would deprive the applicant of the rights common- ly enjoyed by other properties in the same district under the terms of the Ordinance. These rights are: 3. The listed special conditions and circumstances do not result fron~ the action of the applicant and. such condi. tlons and circumstances do not merely constitute a pecuniary (monetary) hardship or ~convenlence in that: 4. Granting of the variance will be in harmony with the objectives of the Zoning Ordinance and not injurous to the neighborhood or otherwise detrimental to public welfare for the following reasons: 5. Granting of the variance will not permit a use that is not otherwise permitted In the district in which the property lies in that: 6. The variance granted is the minimum variance that will make possible a reasonable use of the land, building or structure in that: Applicant further alleges that: (Use additional sheets If necessary for additional information.) Signature of Authorized Agent Signature of Land Owner 84.04615/8,! Back Address Address CASE: PETITIONER: REQUEST: LOCATION: CURRENT ZONE: 87-013 LEE MCCANN DBA RECREATION ALASKA Permission to allc~ occupancy to be calculated on 1 per- son per 64 sq. ft. rather than 1 person per 15 sq. 'ft. of the main assembly area for purposes of determining the number of required parking spaces (21.45.080.F.) Bella Vista No. 2, Lots 24 and 25; generally located west of Old Seward Hwy. north of E. 82nd Ave. I-1 (Light Industrial District) TAKU/CAMPBELL O0MMUNITY (DUNCIL prb/la20 TR E 80 th Ave R-2M TR A E 8$rdAv, ~ ~ B4 · EIGHTY FIRST Ave ? ".-, 'LER COURT JOHNSON Dr TR ~ 421 EMERALD BUILDING WAS CONSTRUCTED IN 1986 AND IS READY FOR IMMEDIATE OCCUPANCY. TO DIMOND AN D OLD SEWARD INTERSECTION. THIS IS THEPLACE FOR A PROFESSIONAL ,JOR ARTERIALS, EASY ACCESS AND J.OTS OF PARKING. THERE ARE NICE VIEWS OF :.THE MOUNTAINS AND A PLEASANT ATMOSPHERE WITH QUA LITY FINISHES AN D INTERIORS. LIST OF CURRENT TENANTS INCLUDE: .GEORGE .flANSEN, D.D.S.; FAMILY :I~HJROPRACTIC, · ' ~OMNI MEDICALCENTER, ALASKA ASSOCIATED REALTY,./VlcCANN i .'· . SPA FITNESS CENTER & HOT SPOT TANNIt .... · " ....~di ti~ ar~ Ii le~ , ~ aa arra eme~..~ -. ~:a~es~e ot~able. ANCHORAGE, ALASKA 99519-6650 of (907) 786-8160 --c or- DEPARTMENT OF PUBLIC WORKS (3500 East Tudor Road) February 5, 1987 Mr. Lee McCann McCann & Associates 3400 Spenard Road, Suite 8 Anchorage, Alaska 99503 Dear Lee: We've looked into in great depth the parking requirements for the health club on Lots 24 and 25, Bella Vista ~2. The attachment shows various ways we have used to calculate parking needed. The bottom line is we don't see any legal way to administratively approve your proposal to leave out the wall in question. The factor of one occupant for 15 sq. ft. of floor space that you contend is unrealistic comes from the UBC and has been used on all health clubs for the last five years. Your only options are to put the wall in, or go back to the ZBEA for a variance. Your current CCO expiration date can be extended if additional time is needed to go to the ZBEA. Sincerely, Building ~fficial Building Safety Division KC/kjs Attachmert CC' Kathy Johnson, Acting Zoning Enforcement Supervisor ~ ~04Jm 0 ~ E:.~ 0'13 N ~ ~0o~ ~ O~ · ~ ~m 0 0 O~ O~ m · ~ .~ 0 0 ~ ~~ 0 I · m ~.~ Z U .,-I 0 I U~ 4-} 0 0 .~.t 0 0 Z 0 Z 0 0 0 rq ii ii ii II rjJ, J ~o II 0 cqO II 4J 0 0 0 (~ .,u .H 0 C~ SPA EXECUTIVE OFFICE P.O. BOX 233688 · ANCHORAGE, ALASKA 99523 (907) 346-2331 · A~ ~ ~EXI~STING SI~3ATION: ~ ~neral~ Building consists of approximately 29,503 square feet and is located just north of Long's Drug's off Dimond Boulevard. Access is by 82nd AVenue or fr~n Dimond Boulevard. The building was designed as a speculative office use. The building has three floors above ground and a basement floor. There are 103 parking spaces which is four spaces above the requirement for office use. The building is about 73% occupied. The basement is occupied by a Health Club (Spa Fitness Center). Based on this occupancy as determined by the Building Depa~ ~,ent (A-3) the building is deficient in parking. The building owners applied for a variance to the parking requirement and was granted the variance for eight spaces. The floor plan that was subnitted was not the plan i that a permit was granted for, however the square footages ~re the same. The exercise area was not limited to 2080 square feet and there was never a mention of this figure at the hearing. The Board of Examiners granted the parking variance when ~ applied for a building permit the limitation of 2080 square feet was placed on the exercise floor. In order to secure the permit and proceed with the project the tenant was obliged to add a wall down the middle of the exercise floor in order to ccmply with the 2080 square feet requirement. We are now applying for a dimensional variance in order to remove the ,~,/', wall frcm the plan as previously shown. This is a functional requirement and has nothing to do with parking. It ~uld not allow any more occupancy than what the present occupancy is. B. GRANTING OF THIS VARIANCE ~/~LD PEBMIT TF~ T52~%NT TO USE ',THE! 'SPACE AS ,P2ANN~D. The undersigned alleges that: 1. Special conditions exist which the Building Department (zoning SPA EXECUTIVE OFFICE P.O. BOX 233688 · ANCHORAGE, ALASKA 99523 (907) 346-2331 enforc~ent) refuse to recognize and strict enforcement of their interpretation would deny use of the facility as built. Refer to previous variance application and 2-86-110 heard on September 25, 1986. The applicant respecrfully sutm~ts the same documentation as sut~itted previously because ~ feel that those issues addressed in the previous application were never addressed in the hearing and have significant impact on this variance application. la. 80% of the tenants parking is after 5:00 p.m. The normal office hours are frcm 8:00 a.m. to 5:00 p.m. and most of these users are gone by 5:00 p.m. which leaves 100-plus spaces for the Spa Fitness Center. The Spa Fitness Center is open frcm 9:00 a.m. to 9:00 p.m., but the traffic is light before noon and drastically increases at 5:00 to 5:30 p.m. testifying to the fact that the major user concentration ccmes when the parking is adequate and there should be scme consideration given to a non-conncurent use of the parking. lb. The applicant does not agree and has never agreed with the designation that this use should be classified as a gymnasium which usually involves a spectator assembly. All of the A-3 occupancy catagory as shown in the UBC~ T~ble 5A and Table 33A describe assembly areas with concentrated seating or standing. See attached sketch showing ccmparison between seven square feet, fifteen square feet and sixty four square feet or situation "A", "B" and "c". The actual use of the exercise floor "requires" a minimum of 64 square feet per person as was demonstrated in the previous hearing. SPA EXECUTIVE OFFICE P.O. BOX 233688 · ANCHORAGE, ALASKA 99523 (907) 346-2331 The applicant suggests that the occupancy should be an assembly area but the use of table 33A specifically states that.. "This table shall not be used to determine working space requirement per person" See note #9. In this case the "working space" is the space required to exercise. So the use of fifteen square feet per person is not valid. The applicant feels that the techniquality and the strict inforcement of the code has overshadowed the real issue, That is... can the Spa operate in this space and without: 1. Violating life safety regulations 2. The intent of the zoning ordinance 3. Parking is hazardous to the public The applicant will sutm~t at the hearing parking counts and numbers of people using the Spa at regular intervals during the day. ZONING BOARD OF EXAMINERS & APPEALS STAFF MEMORANDUM .... ! Z-86-110 A request for a variance from the provisions of Section 21.45.080.F, "Minimum Off-Street Parking Requirements," of the Municipal Land Use Regulations, which if granted, would allow the petitioner to have a 7,636 square-foot health club tenant in a multi-tenant office building that would be approximately 8 spaces short of the parking required. Petitioned property is Lots 24 and 25, Bella Vista %2. Petitioner is Recreation Alaska. (Lee McCann, agent for petitioner) (TAKU-CAMPBELL COMMUNITY COUNCIL) REQUEST: Petitioner is requesting a parking variance that would allow a lease to a health club tenant. HISTORY: Health clubs and spas are not listed in Section "21.45.080., Minimum Off-Street Parking Requirements. Section 21.45.080.S., however, states: "S. Other uses. In the case of a use not specifically iden- tified in this Section, the requirements for off-street parking facilities shall be the same as the above described use which is most similar". Historical interpretation has placed these uses in the category of assembly areas without' fixed seats requiring one space per four occupants based on the maximum occupancy under the Building Code. (Section 21.45.080.F.) Because using this formula generally resulted in an excessive number of spaces, a former Chief Zoning Officer made the policy determination that only the largest assembly area would be counted for parking purposes. This policy has been applied in every case over the years. In most cases, this parking formula provides barely adequate parking. In the present case, the total square footage proposed for the health club is 7636 square feet. The main assembly area is 2080--' square feet. The occupant load under the Uniform Building Code for gyms is one occupant per 1'5 square feet. The parking requirement based on one space per four occupants is 35 spaces. The health club also contains an 8-bed tanning salon, a weight room, a steam room, a hot tub room, reception/lobby areas and dressing room. Reality appears to be that persons participating in health clubs rarely attend four to a vehicle. It is usually one per vehicle and sometimes two. Based on petitioner's presentation that 24 students and one teacher can occupy the exercise room, 8 persons could be using the tanning beds, and one receptionist, at one per Zoning Board of Examiners and Appeals Staff Memorandum Page 2 vehicle, would utilize all the required parking leaving none for the other uses--the weight room, steam room, hot tub, and dressing room. Parking calculations for the building are: Office Med. Office Health Club 15,982 sq. ft. ~ 300 ~ 53.27 5,800 Sq. ft. ~ 250 ~ 23.20 2,080 ~ 15 ~ 4 = 34.67 111.14 Required 103 Provided Similar variances have been granted to the Great Land Gold Health Club on Benson Boulevard and the Brown Jug Warehouse building on the Old Seward Highway. Variances have also been granted to two youth gymnastic studios. Other health clubs and spas have provided the required parking. The petitioned property is zoned I-1. The building permit for the original office building was issued on January ~2, 1986. This variance was applied for on ~.~.~,,,~ 25, 19~. ' 4 /~ SITE: Petitioned property is located north of Dimond Boulevard ~nd East of the railroad tracks on East 82nd Avenue. The site is developed with the new office building and paved parking. The area is developing commercially but there are several vacant par- cels in the vicinity. STAFF ANALYSIS: Staff, in reviewing all applications for vari- ance, must determine if the six prerequisite conditions set forth in Section 21.15.010.B.1 have been met. STAFF COMMENT: Staff finds there are no special conditions peculiar to this property that would not apply to others. There are conforming alternatives--reduce the size of the main assembly area, enter a Joint parking agreement with adjacent vacant properties, have nonconcurrent hours of operation with other uses in the building. STAFF COMMENT: Staff finds that strict interpretation of the Zoning Ordinance would deny petitioner rights granted to some others by variance. STAFF COMMENT: The situation is the result of petitioner's actions. The request appears monetary. Zoning Board of Examiners and Appeals Staff Memorandum Page 3 STAFF COMMENT: This request is not in harmony with the objectives of the ordinance to grant variances only in the presence of special conditions. The neighborhood will be impacted if a variance is granted for inadequate parking. 5. STAFF COMMENT: This is not a use variance. STAFF COMMENT: This is not the minimum variance that would allow reasonable use of the land. STAFF RECOMMENDATION: Staff recommends this variance be denied. SUGGESTED FINDINGS OF FACT: 1. There are .o special conditions. 2. There are conforming alternatives. The request is monetary. KJ/jc 3/sm8 6110.1 THE MUNICIPALITY OF ANCHORAGE ZONING BOARD OF EXAMINERS AND APPEALS APPLICATION FOR VARIANCE Building Permit: RS-6oql Applicant: RECREATION ALASKA Address: 615 E. 82nd Avenue Anchorage, Alaska 99518 Phone Number: 522-5251 f[.~ ~A~_z~ Legal Description of Property Involved: Lot 24 & 25 Block - Subdivision Belle Vista #2 Present/Future Use of Property Commercia Lease Space SITE PLAN REQUIRED. This is a request for a variance from Section ._ · ~/, ~'~, ~;' ,~49, P'. of the Land Use Regulations Ordinance Tax Assessing No.: DO NOT WRITE IN THIS SPACE Date Received: Receipt No.: Z.B.E.A. Case No.: ~---.-",,~ Hearing Date: .~__~-~, ~.% ~..~O_~ Approved Conditions: Date of Appeal: Hearing Date:. Approved Conditions: Letter Sent:.. DISPOSITION Denied (See Minutes) · Denied (See minutes) Permit Issued: A. Theexistingsituation: TH~ .Yi.~nE prnperry ~ cnn.~t n£ 52~900 ~f. which has a buildin~ consisting of approximately 29,503 sf. There exist a possible lease for the entire hme~m~nt 1.u~] fn~ ~h. ~,~. ~ ~ health nluh. B~ed ~n a ratio of'l space to 300 sf the tenant would be allotted 25 spaces. Based on the municipalities decission to the prospect of this lease not possible. B. Grantingofthispetitionwouldpermit: = ~m~nnmhlm ,1~, n~ ~hp hm~,mmn~ w~h a compatible user with little or no impact on the area. BEFORE A VARIANCE MAY BE GRANTED, THE APPLICANT MUST PROVE THAT EACH OF THE FOLLOWING SIX CONDITIONS HAVE BEEN FULFILLED. ANSWER EACH OF THE CONDITIONS IN DETAIL, USING ADDITIONAL SHEETS IF NECESSARY. The undersigned alleges that: 1. Special conditions exist which are peculiar to this land, structure of building involved and are not applicable to other land/structures in the same district. These special conditions are: 84-046 (5/84) Fronl (over) 2. Strict interprelation of the provisions of the Zoning Ordinance would deprive the applicant of the rights common. ly enjoyed by other properties in the same district under the terms of the Ordinance. These rights are: 3. The listed special conditions and circumstances do not result from the action of the applicant and such condi. ttons and circumstances do not merely constitute a pecuniary (monetary) hardship or inconvenience in that: 4. Granting of the variance will be in harmony with the objectives of the Zoning Ordinance and not injurous to the neighborhood or otherwise detrimental to public welfare for the following reasons: 5. Granting of the variance will not permit a use that is not otherwise permitted in the district in which the property lies in that: 6. The variance granted is the minimum variance that will make possible a reasonable use of the land, building or structure in that: Applicant further alleges that: (Use additional sheets if necessary for additional information.) Signature of Authorized Agent Address ,,~~. /~',/(::: ~"~',.~"/¢:~' - Signature of Land Owner i6 (5,84) l~ck ° L · SPECIAL CONDITIONS IN SUPPORT OF THE SUBJECT VARIANCE: 1. The applicant does not believe the present interpretation of the parking requirement for this proposed use is reasonable. There is no other process that the applicant can pursue. Therefore this variance is requested for occupancy of this space as a health club. Special conditions exist as follows: a. 80% of the tenants projected business is after 5:00pm b. There are lO1 parking spaces available to the tenant after 5:OOpm and the normal use of the building during the day precludes that all the spaces will be occupied IO0 % of the time. c. The applicant does not agree with the allocation of space per occupant. The suggested use of 15 sf per person for the exercise floor is totally unreasonable. See attached sketches for the comparison of 7; 15; and 64 square feet per person. It is obvious to see that it would be an impossibility to undertake and exercise class with the 7 or 15 sf per person designation. d. Title 21-45 Supplemental District Regulations do not address the specific use of health clubs and is subject some variance in the pa~king requirement. Paragraph M, 21.45.080 requires 1 space for 300 square feet and the applicant believes that the occupancy falls within the bounds of the described occupancy as set forth in the UBC Chapter 5, Table 5-A."...portion of buildings having rooms used for educational purposes beyond the 12 grade, with less than 50 occupants in any room. The maximum number in the exercise classes could be limited to 30+- per conditions of the variance thereby assuring the appropriate occupant load. 2. Other property owners in the area enjoy street parking. Cart's, McDonnald's and Long's Drugs park Sea Land vans on the street on a continuing basis. The streets are wide and paved and 82nd Ave. is a culdesac street. If other property owners are allowed to use the street for parking so should we. 3. Applicant has no other recourse except to request a variance. 4. This request is in harmony with the zoning ordinance bared on a reasonable interpretation of the parking requirements for this particular use. There is no danger to the public welfare in that this is not a congested area and the parking and access is well planned. 5. The property is zoned 1-1 and is compatible with the proposed use. 6. Granting of the variance will alliow the building to be used to its best use and maximum potential. There is available land adjacent to the subject property that is available on a land use permit from the Municipality. Although this is not a permanant solution to the alleged parking deficiency it would allow for an additional 20 to 30 cars. The land is a residual of a parcel used for a water storage tank. The land was owned by C.A.U. until the Municipality bought the utility company. The land is "land locked" and is accessible by our property and the prorerty to the east. 7 $.F. per person SITUATION "A" S]TUAT]ON "B" 64 S.F. per person SI TUATION "C" 0/3 -I10 :.:¢,,;:-_~__ v=ria:~ce~ a]::'.l';catlc;:,, da't,~:5:-;¢;'us- ~r x~SS; :.,.i~_', k?_~ -,¢re- ~' "' 7.'¢3 '":% .".,%C:';3'.'Lq.3 ", .... OUr _ sent, A cop':' of the cZe:~,¢~ a s.~_ cc,:.:~:ents f~_ avaiial;la ~o you on Tuesdsv: ,:~=FZa.~zez- 22, :~:S6, in c;,s Zon~nc .-.'.',=c. rc.b;7,:.~:-.t Of'-': ~' - " ~"-S ' ' ~"