Z-8779-A Staff AnalysisAUGUST 27, 2012
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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.