- Published on Wednesday, 18 September 2013 15:54
- Written by Super User
By WILLARD KILLOUGH III
CAROLINA BEACH - The Carolina Beach Planning and Zoning Commission recommended Council approve a request to rezone a portion of property at 907 N. Lake Park Blvd from residential R-1 to commercial highway business district at their September 12, meeting.
The applicant, Justin LaNasa, was requesting a zoning map amendment to change approximately 13,615 square feet from R-1 to HB zoning.
LaNasa was also proposing to amend the 45' height overlay district to locate it outside the proposed Highway Business District.
LaNasa also applied for a conditional use permit to open "Tattoo Hardwire" at 807 N. Lake Park Blvd. According to Town Senior Planner Jeremy Hardison, LaNasa withdrew his applications prior to the Thursday meeting. The Town took on the role of applicant for the rezoning request.
The application for a conditional use permit was to come after the rezoning request and was not listed on the Planning Commission's September 12, agenda.
In order to open a business offering tattoo services, the location must be more than 200' feet from a residential district, school, church, public parks, playgrounds or libraries. They must be more than 400' feet from another tattoo business.
According to Town Senior Planner Jeremy Hardison, the rezoning request was a small triangle shaped portion of the lot located at 907 North Lake Park Blvd. The property is currently split zoned with the majority (96,421 square feet) of the property located in the Highway Business zoning district.
According to Hardison, "It appears that the Highway Business District boundary was somewhat arbitrarily set at 400' from Lake Park Blvd in this section of Town. The boundary line splits the parcel at an angle."
He explained, "The property is the site of the Microtel Inn. It was approved by Town Council in 2001 and developed as a HB zoned property. A portion of the building and the storm water pond serving the site is in the R-1 zoning district. Section 2.3 (6) of the Town's zoning ordinance instructs that "In the event that a district boundary line on the zoning map divides a platted lot held in one ownership on the date of passage of this ordinance, each part of the lot so divided shall be used in conformity with the district in which each part is located."
Hardison explained, "Knowing this staff should have required a rezoning when the Microtel came forward for a Conditional Use Permit."
The Commission voted unanimously to approve of the request.
The rezoning would have facilitated the opening of a Tattoo shop at 807 N. Lake Park Blvd due to the increased distance from a residential district.
Hardison explained, "The applicant withdrew the request for a conditional use permit that was accompanying and with this rezoning for a use he was considering, but because there was some distance requirements that were challenging on the other side of his proposed use, he has withdrawn but staff feels like the rezoning is something that should happen."
Even with the rezoning of the Microtel property, the ordinance states that, "Tattoo studios shall be located a minimum distance measured in a straight line from the closet point of the building of the proposed business to the property line of" other uses including a church or school.
There is a school located west of 807 N. Lake Park Blvd. The school is 205 feet away but sits on a large parcel with a property line that intersects the property line for 807 N. Lake Park Blvd.
Hardison said due to the wording of the ordinance, there was no way to meet the distance requirements since the measurement is not from building to building, but from building to property line.