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HomeMy WebLinkAboutZ-5796-A Staff AnalysisFEBRUARY 27, 2006 ITEM NO File No.: Z -5796-A Owner: Louis E. Schickel Address: 5719 Kavanaugh Blvd. Description: Lots 9-12, Block 6, Mountain Park Addition Zoned: C-3 Variance Requested: Variances are requested from the parking provisions of Section 37-502 and the outdoor seating provisions of section 36-298 to allow a restaurant use with a reduced number of parking spaces and outdoor seating areas. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Commercial Building Proposed Use of Property: Coffee Shop STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The C-3 zoned property 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 fagade which covers a portion of the sidewalk. The applicant proposes to have a coffee shop occupy 1,800 square feet of the existing building. As part of the coffee shop use, there will be two (2) small areas of outdoor seating, as noted on the attached site plan. The westernmost outdoor seating area will be partially enclosed with a three (3) foot high wrought iron fence. The applicant is also proposing to refurnish the existing FEBRUARY 27, 2006 ITEM NO.. 1 metal awning, with a vertical awning portion at the northwest corner of the building, extending approximately two (2) feet higher than the existing awning. The new awning section will maintain the same foot print as the existing awning, with the exception of a two (2) inch band at the top and bottom of the vertical awning portion. The applicant is requesting two (2) variances with the proposed coffee shop use. 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 20 off-street parking spaces for this restaurant -type use, 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 16 seats within the proposed outdoor dining areas. The interior of the coffee shop will have approximately 20 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 coffee shop to be pedestrian traffic from the nearby neighborhoods and shoppers who will park at other locations in this commercial district. With respect to the 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. C. 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. A -franchise permit must be approved for work on the awning structure located in the Kavanaugh Blvd. right-of-way. 3. Any new signage must conform to ordinance standards. 4. Outdoor seating is limited to the areas shown on the approved site plan. 2 FEBRUARY 27, 2006 ITEM NO.: 1 (CON'T.) BOARD OF ADJUSTMENT: (FEBRUARY 27, 2006) Daniel Johnson was present, representing the application. There were several persons present in opposition. Staff presented the application with a recommendation of approval. David Johnson addressed the Board in support of the application. He presented the Board with photos of the proposed building fagade changes and discussed. Trudie Cromwell, vice-president of the Heights Neighborhood Association, also spoke in support. She noted that the neighborhood association and most of the neighbors in the area supported the variances. She explained that the coffee shop would be a good commercial addition to the area. Kathy Johnson, president of the Heights Neighborhood Association, also spoke in support. She concurred with comments made by Ms. Cromwell. Sammye Johnston addressed the Board in opposition. She expressed concern with hours/days of operation and possible noise. She suggested "no parking" signs be posted in the residential neighborhood to the north. Daniel Johnson noted that the hours of operation would be 6:30 A.M. to 10:00 P.M. on weekends, and he was unsure of the weekday hours. He stated that the hours would not extend past 10:00 P.M. on weekdays. He noted that the coffee shop would operate seven (7) days per week. In responding to questions from the Board, Mr. Johnson noted that there would be one (1) speaker on the outside of the building (soft music) for the outdoor seating areas. He also noted that 5 to 6 employees will park on the site at peak times. Chairman Francis asked about the number of parking spaces. Staff explained that parking should not become a problem for the neighborhood. Paxton Singleton also spoke in opposition. He expressed concern that parking for the coffee shop would spill over into the neighborhood to the north. Mike Bennett also addressed the Board. He explained that he had no objection to the parking variance or the fagade design. He noted his main concern was with the possibility of parking overflowing into the residential neighborhood. Ralph Cloar, of Calvary Baptist Church, addressed the Board and briefly described the existing parking situation in the area. Chairman Francis explained that he supported the application, but did not support overflow parking into the neighborhood. Vice -Chairman Burruss expressed support for the type of use proposed, but was concerned with the possibility of noise. FEBRUARY 27, 2006 ITEM NO.: 1 (CON'T.) BOARD OF ADJUSTMENT: (FEBRUARY 27, 2006 CON'T.) Staff explained that if parking in the neighborhood becomes a problem, the Public Works Department could look into posting "no parking" signs along the residential streets. The issue of the outdoor speaker was discussed further. Staff noted that putting a time limit on the speaker would cause enforcement problems. The issues of parking and hours of operation were discussed further. Mr. Johnson noted that he could post signs in the store directing customers not to park in the residential areas. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved. 0