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Z-8779 Staff AnalysisJUNE 25, 2012 ITEM NO.: 7 File No.: Z-8779 Owner: Coy D. Wimberly Living Trust Applicants: Brian Teeter and Trey Prewitt Address: 3011 W. Markham Street Description: Lot 24, Block 2, C.S. Stifft's Addition Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Sections 36- 502 and 36-507 to allow use of an existing building as a restaurant with reduced parking. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Building and Parking Lot Proposed Use of Property: Restaurant with Bar Service STAFF REPORT A. Public Works Issues: No Comment B. Staff Analysis: The C-3 zoned property at 3011 W. Markham Street is occupied by a one-story commercial building. The building previously housed the Buice Drug Store. The building contains 3,653 square feet of gross floor space. The building is part of a row of commercial buildings fronting W. Markham Street, between Booker and Johnson Streets. There is a small paved parking area at the west end of the buildings, at the southeast corner of W. Markham Street and Johnson Street. The lot has the same owner as the subject building, and contains six (6) striped parking spaces. The parking lot pavement is in need of repair. The applicants propose to use the 3,653 square foot building as a restaurant/bar. The proposed establishment will be open only during evening hours (open at 4:00 p.m.) and on weekends. The applicants propose to utilize the small parking lot as described above. The applicants also have a written agreement (see attached) to use the Jett's Gas and Service Station property across Johnson Street for additional parking. Staff estimates the Jett lot will allow parking for approximately 20 vehicles, including around the gas pumps, with no vehicles being blocked in. JUNE 25, 2012 ITEM NO.: 7 CON'T.1 The applicant has noted that there will be little overlap in operating hours of the two (2) businesses. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires 36 off-street/on-site paved parking spaces for the proposed restaurant/bar use. Section 36-507(a) allows up to 25 percent of the off-street parking requirement to be located off -site (within 300 feet of the building it serves). Therefore, the applicant is requesting variances from these ordinance standards to allow the restaurant/bar use with no on -site parking and approximately 72 percent of the overall parking requirement to be located entirely off -site. Staff does not support the requested parking variance. There are two (2) other restaurant uses located in this immediate area. The Oyster Bar is located at 3003 W. Markham Street, in an adjacent building to the east. Pizza D' Action is located at 2919 W. Markham Street, at the southeast corner of W. Markham and Booker Streets. Both of these restaurants are non -conforming with relation to their individual parking requirements. Neither restaurant has the off-street parking to comply with current ordinance standards. Staff feels that the two (2) existing restaurant uses are already placing a strain on the available parking in this general area. There is no on -street parking along W. Markham Street in front of the proposed restaurant/bar, as exists for the restaurant uses along Kavanaugh Blvd. in the Hillcrest and Heights areas. Staff believes parking for the proposed restaurant/bar will encroach into the residential area to the south. Staff believes that the parking demand for the proposed restaurant/bar will exacerbate a parking problem which already exists in this immediate area. C. Staff Recommendation: Staff recommends denial of the requested parking variance, BOARD OF ADJUSTMENT: (June 25, 2012) Trey Prewitt was present, representing the application. There were three (3) objectors and one (1) supporter present. Staff presented the application with a recommendation of denial. Trey Prewitt addressed the Board in support of the application. Mr. Prewitt explained that the location was chosen for a restaurant use. He noted that the building was in need of repair. He also noted that one (1) of the access drives to the small parking lot could be closed and the lot re -striped for more parking. He discussed the Jett Service Station property and its use for off -site parking. He informed the Board that the building had 3,300 square feet and not 3,653 as originally reported to staff. Mr. Prewitt explained that a portion of the building had been used as residential in the past. JUNE 25, 2012 ITEM NO.: 7 (CON'T. Lewis Leslie, of 115 S. Johnson Street, addressed the Board in opposition. He explained that overflow parking for the restaurant would take place in front of his house and other homes in this immediate area. He submitted photos to the Board of the Jett Service Station property and discussed. He noted that there were two (2) other restaurant uses in the immediate area with not enough parking. He submitted a letter of opposition from another property owner. Fred Strebeck, of 114 S. Johnson Street, also addressed the Board in opposition. He explained that Jett Service Station parking was very close to his property. He asked about the closing hours for the restaurant. He discussed the closing hours for the other businesses in this immediate area. Robert Walker, president of the Capitol View/Stifft Station neighborhood association, also spoke in opposition. He expressed concerns with the parking situation in this area. Jason Roberts, of 3009 W. Markham Street, spoke in support of the application. He explained that needed improvements to the building would be very expensive and that it would be a nice investment for the area. He discussed the area with respect to the proposed use of the building. Mr. Prewitt stated that he did not know what the closing hours would be for the proposed restaurant. He made additional comments in support of the parking variance. There was general discussion related to parking in the general area and the proposed use of the existing building. There was additional discussion of the parking variance and how the variance, if approved, would apply to another ownership. Rajesh Mehta asked if any handicap parking would be provided. Mr. Prewitt explained that one (1) handicap parking space could probably be provided in the small parking lot. Mr. Mehta asked about the parking agreement with Jett's Service Station. Mr. Prewitt stated that it was an open agreement with no time limit. There was additional discussion of the parking variance. Vice -Chairman Smith made comments related to the proposed use of the property and parking for a multi -use development. Mr. Mehta noted that there are other permitted uses which could occupy the building and have a smaller parking requirement. There was a motion to approve the application with the condition that it be for the specific restaurant and parking agreement. The motion was discussed. The motion to approve the application was re -stated and amended, with the following conditions: 1. The parking variance is for the proposed property owner, Brian Teeter, only. 2. The parking variance is for a restaurant use only. 3. The parking agreement with Jett's Service Station must be maintained. JUNE 25, 2012 ITEM NO.: 7 (CON'T Dana Carney, of the Planning staff, re -stated staffs recommendation of denial. The motion passed with a vote of 3 ayes, 1 nay, 0 absent and 1 recusal (Yates). The application was approved.