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HomeMy WebLinkAboutZ-8608-A - 3501 Old Cantrell Roadd - BOA Staff ReportFile No.: Z-8608-A Owner: Greens Investments, LLC Applicant: Bart Barloige Address: 3501 Old Cantrell Road Description: The East 90 Feet of Lots 1 & 2, in Block2 of West Rock Addition to the City of Little Rock, Pulaski County Arkansas Zoned: C-3 Variance(s) Requested: The parking provisions of Section 36- 507 to allow a parking lot with a reduced number of on-site parking spaces. Justification: The applicant’s justification is presented as per the attached letter. Present Use: C-3, Restaurant Proposed Use: C-3, Restaurant STAFF REPORT Planning and Development Civil Engineering Comments: No Comment. B. Buffering and Landscape Comments: Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Maintain any existing landscape perimeters. Any trees or vegetation located in close proximity to construction shall have the area within the dripline fenced and protected from development activities. Any existing landscape or irrigation disturbed by construction shall be repaired or replaced before completion and final acceptance of the project. 3. Any exiting landscape or irrigation disturbed by construction shall be repaired or replaced before completion and final acceptance of the project. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Building Codes Comments: No Comment. D. Staff Analysis: The C-3 zoned property at 3501 Old Cantrell Road is occupied by a one-story restaurant that has been in operation by the current proprietor for over 10 years. Formerly, this building was constructed as an auto service station. A driveway from Old Cantrell Road allows access to the property and onsite parking. The northern portion of the property was once a vehicular use area allowing access to the service bay doors and the old gas pump area underneath a canopy and the front of the building. Two parking spaces are located in front of the former service bay on the northwest corner of the building, 5 spaces have been placed adjacent to the Mart Drive right-of way on the east and 3 parking spaces are shown at the rear of the building to the south. The restaurant renovations included a small 90 square foot addition on the south side of the building and a 373 square foot covered outdoor seating area constructed under the gas pump canopy between the building and Old Cantrell Road. Portions of the existing paving along the east property line were cut out for the planting of new trees. New planter beds and a landscaped island within the Old Cantrell Road right-of-way were installed. The building and outdoor seating as proposed indicated a total of 2,252 square feet. The ordinance required 22 on-site parking spaces for the restaurant use. To develop the property as previously proposed the applicant had to request street buffer and parking variances. The applicant provided 23 parking spaces for the development with a request to allow more than 25% of these to be located off site. The item was placed on the regular agenda at the November 29, 2010, Board of Adjustment hearing and was unanimously approved. In accordance with the hearing the applicant provided 10 on-site parking spaces and leased 13 spaces from the office development immediately to the north across Old Cantrell Road. The applicant is now requesting the elimination of an additional 5 onsite parking spaces located on the east side of the property adjacent to the Mart Drive right-of-way. The business owner has stated that due to the unforeseen circumstances of the COVID-19 pandemic an open-air tent was added to the east side of the building to serve their customers. Tables, chairs, lighting, heaters, etc. were purchased to accommodate the restaurant patrons and the outdoor seating has contributed to 1/3 of the business income over the past three years. The tent provides an approximate 1,000 square feet of outdoor eating space which would require 10 additional onsite parking spaces. The outdoor eating space proposal would increase the overall square footage of the restaurant to approximately 3,250 square feet requiring a minimum of 32 on-site parking spaces of which 50% are required to be located on site. The applicant has provided a lease agreement from Rainy Abstract Company across the street at 3420 Old Cantrell Rd indicating 58 parking spaces dedicated to the restaurant. Sec. 36-507(a) States, All parking spaces provided pursuant to this article shall be on the same lot with the building or within three hundred (300) feet thereof. The distance to any parking area as herein required shall be measured between the nearest point of the off-street parking facility and the nearest point of the building said parking area or facility is to serve. Off-site parking shall not exceed fifty (50) percent of the total number of spaces required by this article. Therefore, the applicant is requesting that 5 additional on-site parking spaces be allowed to be moved off site to provide additional outdoor eating space. Staff is supportive of the requested variance associated with the reduced on-site parking. Parking space for restaurants is often compromised in the “mature areas” (east of University Avenue) of the city. There are other restaurants in the nearby Heights and Hillcrest neighborhoods that have be granted similar parking variances. Staff notes that during the COVID-19 pandemic, restaurants were allowed to maintain temporary structures to practice social distancing protocols. However, the City regards tents as a temporary structure which are only allowed by code for a period up to one (1) year. Due to the applicant securing additional off-site parking above the required minimum it is staff' s opinion that the proposed parking variance will have no negative effect upon the health, safety, or welfare of the public, and will not detract from the value or aesthetic of the neighborhood or surrounding properties. Staff finds the request to generally be in conformance with the development pattern of this and other restaurants developments close to the site. Based on the above assessment and analysis, finds the requested variance to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested parking variance to allow the elimination of 5-onstie parking spaces to allow for additional outdoor eating as per the staff analysis and subject to the following conditions: Compliance with the requirements as noted in paragraph B of the staff report. The tent is removed from the site in a period of no less than 1 year and permanent solution is presented to the Little Rock Department of Planning and Development for review and approval. 3. The lease (use) agreement for a portion of the existing parking lot from the Standard Abstract Company at 3420 Old Cantrell Rd be maintained. If the lease (use) agreement expires, the parking variance will become void and the parking variance must be brought back to the Board of Adjustment for further consideration.