05/03/2022 Minutes - Laserfiche WebLink

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5. Public hearing to consider and take action on the petition of Armando Palacios, on behalf of Alejandro Orfanos, regarding a 4'4" buffering variance to the City of Paris Buffering Regulations, Section 30-102(3) on Lot 1, Block A, of the Taco Bueno Addition CB 250, being located at 2320 NMain Street. Andrew Mack, Director of Planning & Zoning, presented case to the board. Mr. Mack stated that though there is a slight deficiency in the landscaping buffer on this lot when the neighboring lot is developed the green space, buffer will be accommodated. Lastly, Mack stated that he recommends approval of the variance based on the staff findings. Mr. Walker declared the public hearing open. Staff member, Paige Unger, makes note of an input form submitted as follows: Gary Watson of 2430 N Main Street, in favor. Hector Marroquin of 4515 Lyndon B Johnson Freeway, property owner and project manager made himself available for any questions. No one else spoke in favor or opposition of the request. Public hearing was declared closed. Motion was made by William Sanders, seconded by Jerry Haning to approve the 4'4" variance to Section 30-102(3) of the Buffering Regulations to allow a 2'8" buffer on the south side of the property versus the required 6' buffer based on the following staff recommended findings. Motion carried 4-0. STAFF RECOMMENDED FINDINGS 1. The request for variance is harmony with the general purposes and intent of Zoning Ordinance No. 1710, as amended, and will not negatively impact the protection for the adjacent surrounding properties. 2. The request is to permit the new construction of a commercial restaurant which is not applicable with regard to a "non -conforming use". Fast food drive-thru restaurants are permitted by right in the C District. 3. There are special or unique conditions of restricted area for the existing lot, even though a new plat approval of the land was just approved. This is not generally applicable to other parcels of land in the same zoning district under new platting and development standards where new lots are created. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied as a result of the original parcel created making it nearly impossible to meet the side yard perimeter buffer yard green space requirement. 4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self-