HomeMy WebLinkAboutZ-5796-B Staff AnalysisMAY 21, 2020
ITEM NO.: 2
File No.: Z -5796-B
Owner: Louis E. Schickel Revocable Trust
Applicant: Terry Burruss
Address: 5719 Kavanaugh Blvd.
Description- Southeast corner of Kavanaugh Blvd. and N. Pierce Street
Zoned: C-3
Variance Requested: A variance is requested from the parking provisions of Section
36-502 and the outdoor seating provisions of Section 36-298
to allow expansion of an outdoor dining area with reduced
parking and increased number of seats.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Restaurant with Outdoor Dining
Proposed Use of Property: Restaurant with Outdoor Dining
STAFF REPORT
Q
1.3
C
Public Works Issues:
No Comments
Landscape and Buffer Issues:
1. Any new site development must comply with the City's minimal landscape
and buffer ordinance requirements.
Staff Analysis:
The C-3 zoned property located at 5719 Kavanaugh Blvd. is occupied by a one-story
commercial building. The property is located at the southeast corner of Kavanaugh
Blvd. and Pierce Street. The building is approximately 6,600 square feet in area.
There is paved parking on the west and south sides of the building. There is a metal
awning on the north building facade which covers a portion of the sidewalk.
A Starbucks Coffee shop recently occupied 1,800 square feet of the existing
building. As part of the coffee shop use, there were two (2) areas of outdoor dining,
totaling_ approximately 250 square feet. On February 27, 2006 the Board of
Adjustment granted a parking variance to allow the restaurant -type use with outdoor
seating, and a second variance to allow the number of seats within the outdoor
dining area (16) to exceed 50 percent of the number of seats within the indoor portion
of the coffee shop (20).
MAY 21, 2020
ITEM NO.: 2 {CON'T.
Z -5796-B
The applicant proposes to replace the Starbucks Coffee shop with a new restaurant -
type use, Mug's Cafe. Mug's Cafe will occupy the same 1,800 square feet of the
existing building, with 46 seats inside the restaurant. The applicant also proposes
to enlarge the existing outdoor dining area, as noted on the attached site plan. The
outdoor dining area will be approximately 300 square feet larger than the previous
outdoor dining area and will have seating for 30 persons. The overall outdoor dining
area will be enclosed with metal fencing and gates. The applicant notes that the
main reason for increasing the outdoor dining area is as follows:
"The main reason for this request is to increase the "fence/gated" area to include the
entry door so that the Owner may serve beer and wine in the outdoor area. The
Arkansas ABC has a requirement that an area where beer/wine are served outdoors
be "connected" to the subject building."
The first variance is from the parking provisions of Section 36-502 of the City's
Zoning Ordinance. Section 36-502(b)(3)c. requires a minimum of 23 off-street
parking spaces for this restaurant -type use with increased outdoor dining area, and
16 spaces for the remainder of the building to be used for retail space. A total of 14
off-street spaces exists on the property. There is also on -street parking in front of
the building and in the general area.
The second variance is from the outdoor dining provisions of Section 36-298.
Section 36-298(8)b. states that the number of seats in an area of outdoor dining
shall not exceed 50 percent of the number of seats within the restaurant. There will
be approximately 30 seats within the proposed outdoor dining area. The interior of
the cafe will have approximately 46 seats.
Staff is supportive of the requested variances. Variances for reduced parking for
restaurant uses have been approved for restaurants along Kavanaugh Blvd. a
number of times in the past. This area along Kavanaugh Blvd. is a pedestrian -
oriented commercial area. Staff expects a large percentage of the traffic to this cafe
to be pedestrian traffic from the nearby neighborhoods and shoppers who will park
at other locations in this commercial district. With respect to the increased outdoor
seating area, staff believes it will have no adverse impact on pedestrian or vehicular
traffic and will be a good addition to the commercial area. Staff believes a restaurant
use at this location will have no adverse impact on the adjacent properties or the
general area.
D. Staff Recommendation:
Staff recommends approval of the requested variances associated with the
restaurant -type use, subject to the following conditions:
1. The restaurant -type use is limited to 1,800 square feet of the building, with the
remainder of the building being used for retail.
2. Any new signage must conform to ordinance standards.
3. Outdoor seating is limited to the areas shown on the approved site plan.
4. Compliance with the Landscape/Buffer requirement as noted in paragraph B. of
the staff report.
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MAY 21, 2020
ITEM NO.: 2 (CAN'T.) Z-5795-B
Board of Adjustment
(May 21, 2020)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the consent agenda and approved, as recommended by staff.
The vote was 5 ayes, 0 noes and 0 absent.
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