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HomeMy WebLinkAboutZ-7945-B Staff AnalysisAUGUST 28, 2017 ITEM NO.: A File No.: Owner: Applicant: Address: Description: Zoned: Z -7945-B Lyto, Inc. Tami C. Threet 4910 Kavanaugh Blvd. East side of Kavanaugh Blvd., North of Cantrell Road C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow an outdoor dining area for a restaurant with a reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial and Restaurant STAFF REPORT /_IJ 7P Public Works Issues: No Comments. Staff Analysis: The C-3 zoned property at 4910 Kavanaugh Blvd. is occupied by two (2) one-story commercial buildings. There is paved parking between the two (2) buildings as well as along the north, east and west sides of the northernmost building. There is a total of 41 parking spaces on the site. There are two (2) paved driveways from Kavanaugh Blvd., which serve as access. On May 23, 2016 the Board of Adjustment approved a parking variance to allow 3,750 square feet of the southernmost building as a restaurant use. The restaurant is to be open from 4:30 P.M. to 12:30 A.M., seven (7) days a week. Most of the other uses within these two buildings will not be open during these times. With the addition of the restaurant use, Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 56 parking spaces for the two (2) buildings combined. There is a total of 10,000 square feet for the two (2) buildings. AUGUST 28, 2017 ITEM NO.: A (CON'T. ] Z_ The parking variance was approved with the following conditions: A maximum of 3,750 square feet of the two (2) existing buildings may be utilized as a restaurant use. 2. The hours of operation for the restaurant use are limited to the evening hours after 4:30 P.M. The applicant is requesting to amend the previously approved application by adding a 12 foot by 34 foot (408 square feet) outdoor dining area at the southwest corner of the southernmost building, along Kavanaugh Blvd. The outdoor dining area will add 24 additional seats to the restaurant use. The outdoor dining area will be set back 3.7 feet from the front (west) property line. The outdoor dining area will be enclosed with a short fence. The addition of the outdoor dining area brings the off-street parking requirement to 41 spaces for the restaurant use and 60 spaces for the overall site (restaurant and other uses). Staff continues to be supportive of the requested amended parking variance. Staff feels the variance request is reasonable, given the fact that 41 parking spaces currently exist on the site. The restaurant use alone requires 41 parking spaces. If the other uses on the property are closed a majority of the time when the restaurant is in operation, parking will not be an issue. Staff believes a slight overlap in the hours of operation will also create no parking issues. There is also some additional on -street parking to the north along Kavanaugh Blvd., and Van Buren Street. Staff believes the use of a portion of the southernmost building as a restaurant with outdoor dining with the existing parking arrangement will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation - Staff recommends approval of the requested amended parking variance, subject to the following conditions: 1. A maximum of 3,750 square feet of the two (2) existing buildings may be utilized as a restaurant use (with 408 square feet of outdoor dining space). 2. The hours of operation for the restaurant use are limited to the evening hours after 4:30 P.M. BOARD OF ADJUSTMENT (December 12, 2016) Staff informed the Board that the application needed to be deferred to the February 27, 2017 agenda to allow the objectors an opportunity to pursue an appeal/interpretation of Section 36-298(8)e. of the City's Zoning Ordinance. Staff noted that this issue as raised by the objectors needed to be resolved prior to the parking variance being addressed. 2 AUGUST 28, 2017 ITEM NO.: A (CON'T. -7945-B The item was placed on the consent agenda and deferred to the February 27, 2017 agenda by the vote of 4 ayes, 0 noes and 1 absent. BOARD OF ADJUSTMENT (February 27, 2017) Staff informed the Board that the applicant submitted a letter on February 23, 2017 requesting the application be deferred to the March 27, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 5 ayes, 0 noes and 0 absent. BOARD OF ADJUSTMENT (March 27, 2017) Staff informed the Board that the applicant submitted a letter on March 27, 2017 requesting the application be deferred to the April 24, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 noes and 2 absent. BOARD OF ADJUSTMENT (April 24, 2017) Tami Threet and Jacqueline Pittman were present, representing the application. There were three (3) objectors present. Staff presented the application with a recommendation of approval. Tami Threet addressed the Board in support of the application. She briefly discussed the proposed parking variance. She noted that the restaurant had an agreement with the bank immediately to the south (corner of Kavanaugh Blvd. and Cantrell Road) to use their parking lot. Chairman Yates asked about the total parking spaces on the property. Staff noted where the 41 parking spaces were located. Patrick Ruettiger addressed the Board in opposition. He noted that undue hardship with respect to the parking variance does not exist and explained. He quoted Arkansas law regarding undue hardship. He also quoted Black's Law Dictionary. He explained that the variance was not needed for the restaurant to carry out business activity. Alex Rogers spoke in opposition. He stated that he had letters of opposition from neighbors. 3 AUGUST 28, 2017 ITEM NO.: A CON'T. Z -7945-B Jennifer Rogers also spoke in opposition. She noted that people currently park across Kavanaugh Blvd. from the commercial property. She explained that deliveries to the restaurant were being made in the right-of-way. Ms. Threet explained that parking in this general area has always been a challenge. She noted that the existing restaurant was previously located approximately one (1) block to the north. She further explained that parking counts made during peak restaurant hours indicated that adequate parking exists on the site to accommodate the extra dining space (outdoor dining area). Vice -Chair Tucker asked where the restaurant staff parks. Jacqueline Pittman noted that some employees park behind the Kavanaugh Pharmacy building and some use public transportation. Christopher Smith asked about the delivery truck issue as raised by Mrs. Rogers. Ms. Threet noted that the issue would be addressed. Mr. Reuttiger reiterated that there was no undue hardship. There was a brief discussion regarding hardship. Staff noted that two (2) court cases regarding parking variances for restaurants were decided in the restaurants' favor, and that the cases were similar in nature to the subject application. Chairman Yates made comments related to the proposed parking variance and the issues faced by the residents on the west side of Kavanaugh Blvd. He indicated support of staff's recommendation of approval. There was a motion to approve the application as recommended by staff. The vote was 2 ayes, 2 nays and 1 absent. The application was automatically deferred to the May 22, 2017 agenda due to a lack of three (3) votes for or against the application. BOARD OF ADJUSTMENT (May 22, 2017) Staff informed the Board that the applicant submitted a letter on May 8, 2017 requesting the application be deferred to the July 31, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 noes and 2 absent. 0 AUGUST 28, 2017 ITEM NO.: A (COP BOARD OF ADJUSTMENT (July 31, 2017) Staff informed the Board that on July 31, 2017 the applicant submitted a letter to staff requesting the application be deferred to the August 28, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda by a vote of 3 ayes, 0 noes and 2 absent. BOARD OF ADJUSTMENT (August 28, 2017) Chris Samuel, Tami Threet and Jacquelyn Pittman were present, representing the application. There were three (3) persons present with concerns. Staff presented the application with a recommendation of approval. Chris Samuel addressed the Board in support of the application. He noted that the restaurant was a quality addition to the property. He noted supported of the patio addition. ' Tami Threet also addressed the Board in support. She noted that the restaurant had been in operation since January. She explained that a parking study had been conducted, and that during peak hours ample parking existed to serve the restaurant use, with the addition of the outdoor dining area. She noted that the outdoor dining area would typically be utilized approximately four (4) months of the year. She noted that there was a written lease agreement with the bank property immediately to the south for use of their 12 parking spaces after the bank closes. Alex Rogers addressed the Board in opposition. He quoted sections of the zoning ordinance with respect to hardship. He presented letters of opposition to the Board. Jake Fiser addressed the Board with concerns. He noted noise from the outdoor dining area could be a concern. Ms. Threet noted that there would be no sound system or music within the outdoor dining area. There was brief additional discussion relating to the availability of parking. Staff added a condition that there be no sound system or music within the outdoor dining area. Jacquelyn Pittman noted that the hours of operation would be 5:00 p.m. to 11:00 p.m. — Tuesday thru Thursday, 5:00 p.m. to midnight — Friday and Saturday, and 5:00 p.m. to 10:00 p.m. — Sunday. AUGUST 28, 2017 ITEM NO.: A (CON'T. Z-7345-8 There was brief additional discussion regarding parking calculations and the amount of the restaurant used for seating. Chairman Yates noted that the zoning of the property permitted outdoor dining. He noted that the property was very near a major intersection and that there were several other uses along Kavanaugh Blvd. with outdoor uses. He stated that the proposed outdoor dining area was consistent with the area. Dawn Coppola addressed the Board with concerns. She discussed the hours of operation. Vice -Chair Tucker expressed concern with the bar area and alcohol service within the restaurant. Ms. Pittman noted that other restaurants in the area had higher alcohol sales. There was additional discussion related to the outdoor dining area. Debra Weldon, City Attorney, noted that the only issue before the Board was the parking issue. She explained that issues related to hours of operation, alcohol sales and noise were not things that should be considered with respect to the requested variance. There was a motion to approve the application as recommended by staff, with the following additional condition: 3. There will be no outdoor sound system or music within the outdoor dining area. The vote was 3 ayes, 2 noes and 0 absent. The application was approved. 2