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Z-8779-A Staff AnalysisAUGUST 27, 2012 ftilioX121166 1A File No.: Z-8779-A 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 Section 36- 502 to allow a restaurant use 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: 1. At time of building permit, the driveway on Markham shall be closed. 2. At time of building permit, the driveway on Johnson Street shall be reconstructed to a maximum width of 26 feet. 3. Contact Mel Hall at 501-918-5217 for inspections of any work in the public right-of-way prior to placement of concrete or asphalt or for onsite clarification of requirements prior to commencing work. 4. At time of building permit, repair, replace or extend existing damaged or missing curb and gutter, sidewalk, ramps or concrete driveway aprons within the public right-of-way adjacent to the site. 5. All driveways shall be concrete aprons per City Ordinance.. D. 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. AUGUST 27, 2012 ITEM NO.: 2 (CON'T. 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 applicant 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. 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 37-507(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 17 percent of the overall parking requirement to be located entirely off -site. On June 25, 2012 the Board of Adjustment approved variances for no on -site parking for the proposed restaurant use, with 72 percent of the overall parking requirement to be located off -site. The applicant had an agreement to use the Jett Service Station property (southwest corner of W. Markham and Johnson Streets) as off -site parking. The variances were approved 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. The applicant is now back before the Board of Adjustment to amend the previously approved variances to eliminate "condition #W. The applicant does not have the off -site parking agreement with Jett's Service station any longer. 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. AUGUST 27, 2012 ITEM NO.: 2 (CON'T. BOARD OF ADJUSTMENT: (August 27, 2012) Staff informed the Board that the applicant submitted a letter on August 20, 2012 requesting this application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn with a vote of 4 ayes, 0 nays and 1 absent.