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STAFF REPORT DATE: January 20, 1998 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: 98-01 -- Side Yard Setback Variance, 3259 Stinson Boulevard BACKGROUND: City Staff received a request from Tony Farald, owner of the Conoco gas and convenience store at 3259 Stinson Boulevard, for a six foot side yard variance in order to put a roof and door on an enclosure that is attached to the principal structure on the north side to store recyclable items and milk crates. Currently, the area is walled in, similar to an enclosure used for dumpsters. Mr. John Seviola, of Seviola Construction Co. appeared before the Planning Commission at the December meeting at a concept review and presented Mr. Farald's proposal for the gas station at 33rd and Stinson. The current enclosure is already 6 feet into the sideyard setback. Mr. Seviola reported that they store used plastic milk cartons, recyclables and other miscellaneous items currently in the enclosure that already exists on this side of the building. But because of many instances of vandalism, they want to roof it and install an 8 foot door. With these proposed changes, the enclosure becomes part of the principle structure. ANALYSIS: Once the structure is enclosed, it becomes part of the principal structure and the modification requires the owner to obtain a six foot side yard variance. The enclosure is currently 6 feet into the side yard-and this=current condition.is what.they are requesting,a variance for. The structure was constructed in 1962 and the City Zoning Ordinance was codified in 1976. Because of the later changes in the Ordinance, the building was allowed it to exist as a grandfathered in structure until such time as it,was removed or modified. The hardship for this variance is the change in the Ordinance that established side yard setbacks that are more restrictive than existed at the time the building was constructed. Mr. Farald hopes that this limited access, enclosed storage area will also resolve the public health issues that continually arose when items in the current enclosure were scattered all over the area and neighborhood.