HomeMy WebLinkAboutZ-4723-B Staff AnalysisJANUARY 31, 2005
ITEM NO.: 5
File No.: Z -4723-B
Owner: Rodney Thomason
Address: 2601 Kavanuagh Blvd.
Description: Southwest corner of Kavanaugh Blvd. And Walnut Street
Zoned: C-3
Variance Requested: Variances are requested from the commercial district provisions
of Section 36-298 associated with a proposed outdoor seating area.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Mixed Commercial
Proposed Use of Property: Mixed Commercial
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The C-3 zoned property at 2601 Kavanaugh Blvd. Is occupied by a two-story
commercial building containing mixed commercial uses. There is a paved
parking area on the south side of the building and a parking lot across
Kavanaugh Blvd. to the north which serve this commercial development.
There is a restaurant located within the northeast portion of the building's first
floor.
There is a small courtyard/patio area at the northeast corner of the building,
along the building's east side. The courtyard/patio area is fenced with
landscaping along the edges. There are two (2) retractable awnings on the
east side of the building over the courtyard/patio area. There are also metal
light fixtures on the east side of the building. The courtyard/patio area is
located in the Walnut Street right-of-way, between the building and the
sidewalk.
JANUARY 31, 2005
ITEM NO.: 5 (CON'T.
The applicant proposes to utilize the small courtyard/patio for outdoor
restaurant seating. The applicant proposes a total of four (4) tables with two
(2) seats per table, for a total of eight (8) outdoor restaurant seats. The
applicant notes that the outdoor restaurant seating area will only be used
during warm weather.
Section 36-298(8) of the City's Zoning Ordinance allows outdoor dining in the
Commercial Zoning districts under certain conditions. Section 36-298(8)a.
states that outdoor dining shall not be located in the public right-of-way.
Section 36-298(8)e. notes that outdoor dining shall not be located between the
building occupied by the restaurant and adjacent residentially zoned or
occupied properties. The outdoor seating area is located between the building
containing the restaurant and single family residences (zoned R-5) across
Walnut Street to the east. Therefore, the applicant is requesting variances
from these ordinance standards to allow outdoor restaurant seating within the
existing courtyard/patio area.
Staff is supportive of the requested variances. Staff feels that the outdoor
restaurant seating as proposed will not be out of character with the general
area. Staff feels that the outdoor dining area will be a positive addition to the
atmosphere of this pedestrian friendly area of Hillcrest. Staff believes that with
compliance to the conditions as outlined in the next paragraph ("Staff
Recommendation"), the outdoor dining area should have no adverse impact on
the adjacent residential property or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested variances associated with the
proposed outdoor dining area, subject to the following conditions:
1. The outdoor dining area will be limited to a maximum of eight (8) seats (4
tables/2 seats per table).
2. The use of the outdoor dining area must cease by 10:00 p.m. daily.
3. There is to be no outdoor speakers, music, etc.
4. There is to be no additional outdoor lighting.
5. A franchise permit must be obtained for the use of this area within the
right-of-way.
BOARD OF ADJUSTMENT: (JANUARY 31, 2005)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
E
JANUARY 31, 2005
ITEM NO.: 5 (CON'T.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 4 ayes, 0 nays and 1 absent.
K,