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HomeMy WebLinkAboutZ-5383-D - 5510 Kavanaugh Blvd - BOA Staff ReportJULY 15, 2021 ITEM NO. 1 Z-5383-D 1 File No.: Z-5383-D Owner: Kavanaugh Restaurant Properties LLC/ Prego Inc, Attn: John Stephens Applicant: John Stephens Address: 5510 Kavanaugh Blvd Description: Lot 12, Block 22, Newton’s Addition Zoned: C-1 CUP Variance(s) Requested: The parking provisions of Section 36-502 to permit the expansion of an existing restaurant without providing additional parking. The area regulations of Sec. 36-299 to allow a reduced rear yard setback and to permit more than 35% lot coverage of principal and accessory buildings in the C-1 district. Justification: The applicant’s justification is presented as per the attached letter. Present Use: C-1 CUP, Restaurant Proposed Use: C-1 CUP, Restaurant STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comment. B. Buffering and Landscape Comments: No Comment. C. Building Codes Comments: No Comment. D. Staff Analysis: The C-1 CUP zoned property is located within the Heights Overlay District at 5510 Kavanaugh Blvd. This overlay district generally has no bearing on the subject variance requests. The property was originally developed in 1931 as a single-family home but has served as a restaurant space since the early 1990’s. The site is mostly paved and occupied by a one-story frame building. Two onsite parking spaces are JULY 15, 2021 ITEM NO. 1 Z-5383-D 2 located between the building and the Kavanaugh right-of-way, a service drive adjacent to the east property line connects the street to a service court at the back of the property which includes a detached refrigerator and storage building. The detached accessory structures are shown on the applicants sketch to be located within the required setbacks. The immediate surrounding properties fronting Kavanaugh are zoned commercial or office and occupied by retail, restaurants / bars, a bank, and post office facility. The adjacent properties to the north are zoned R-2 and occupied by single family homes that face Stonewall Rd. The applicant is proposing to renovate the restaurant and provide an additional 993 square feet to the existing building. Sec. 36-502. - Required off-street parking states that restaurants require 1.0 space for each 100 square feet of gross floor area. This building addition would normally require 9 onsite parking spaces to be incorporated into the allotted parking area. However, as part the original 1993 CUP the restaurant developer requested that the Planning Commission waive the parking requirements. Based on this request the Planning Staff recommend denial and the Planning Commission did not approve the CUP. This decision was then appealed to the Board of Directors and overturned with a unanimous approval. The applicant has stated that the existing building footprint is 2,090 square feet and placed on a 7,000 square foot lot. After the renovation, the building is proposed to be a total of 3,083 square feet. The expansion of the building will be located at the back of the property which will encroach across the 25-foot rear yard setback line 4-feet, 8.5-inches. The additional square footage will also cause the building to exceed the 35% lot coverage of principal and accessory buildings in the C-1 district. Sec. 36-502(b)(3)(c) States, “Restaurants (and similar establishments serving food and beverages), 1.0 space for each one hundred (100) square feet of gross floor area.” The applicant is requesting that the additional onsite parking requirement for the square footage expansion be waived. Sec. 36-299(e)(3) Rear yard states, “There shall be a rear yard having a depth of not less than twenty-five (25) feet.” The applicant is requesting that rear yard setback be reduced to 20.25 feet. Sec. 36-299(e)(5) Lot coverage states, “Maximum lot coverage for all principal and accessory buildings shall be thirty-five (35) percent of the total area of the site.” The applicant is requesting up to a 44% lot coverage be allowed. Based on the analysis above, Staff believes the subject proposal is in keeping with the character and scale of the neighborhood and views the variance request as reasonable. E. Staff Recommendation: JULY 15, 2021 ITEM NO. 1 Z-5383-D 3 Staff recommends approval of the requested parking, rear yard setback, and coverage requirements as indicated on the submitted survey / site plan sketch, subject to the following conditions: 1. A building permit being obtained for all construction 2.Install any required trees in accordance with the Heights Landscape Design Overlay District if applicable.