HomeMy WebLinkAboutZ-5943 Staff AnalysisFebruary 13, 1995
Item No.: A
File No
Owner:
Address•
Description;
Z-5943
escri tion -
zoned -
Variance Recruested:
Justification:
Present Use of Proverty:
Proposed Use of Property:
Staff Re ort:
A. Engineering Issues:
Z -5943
Fields Family Ltd. Partnership
5713 Kavanaugh Bivd.
Lot 7, Block 6, Mountain Park
Addition
c-3
From the off-street parking
regulations of Section 36-502 to
permit a restaurant with no on-site
parking. The Ordinance requires a
2,200 square foot restaurant to
provide 22 on-site parking spaces.
As is true of many of the
properties in the Heights
Commercial District, the building
occupies the entirety of the lot.
There is no portion of the property
available for use as parking.
Vacant commercial building
Restaurant
The pavement adjacent to the curb is cracked and sagging,
repair is recommended.
B. Staff Analysis:
The applicant proposes to locate a restaurant in this
existing, 2,200 square foot, C-3 zoned building. The
restaurant will occupy a portion of a building which was
formerly occupied by a retail shoe store. There is no on-
site parking available and the occupant is requesting a
variance from the Ordinance Parking Requirements to allow
the restaurant to occupy this former retail space. When the
2,200 square foot area was used as a retail shoe store, it
had a parking requirement of 7 spaces. This same square
footage, when used as s restaurant, requires 22 parking
spaces. The property, as is true of many in the Heights
commercial area, has a non -conforming status in relationship
February -13, 1995
Item No.: A Cont.
to its parking requirement. If another retail use were
proposed for this site, that non -conforming status would be
continued and no parking variance would be required. The
increase in parking requirement generates the request for a
variance.
Section 36-506 of the Code of Ordinances states:
when a building or structure erected prior to or
after the effective date of this chapter shall
undergo any increase in number of dwelling
units, gross floor area, seating capacity,
number of employees or other unit of measure
used in determining required parking facilities,
and when the increase would result in a
requirement for additional parking facilities,
such additional facilities shall be accordingly,
provided as a condition for obtaining a building
permit or privilege license. In computing the
number of spaces required for such a building,
however, only the increase in unit measure shall
be considered.
Based on this Section, the restaurant must provide for the
increased requirement of 15 on-site parking spaces.
Based on data submitted by the applicant, the restaurant
will generate the following numbers for lunch and dinner
service:
Lunch - 65 to 70 persons per day
Dinner - 80 to 100 persons per day
The restaurant will accommodate approximately 60 seats at
one time.
The issue of parking in the Heights is of great concern to
staff, neighborhood residents and adjacent commercial uses.
Staff recognizes that there is a shortage of available
parking and is concerned about how this shortage affects not
only existing businesses but proposed businesses as well.
There is no easy solution to this dilemma. Until such time
as this issue is addressed on a broader scope, staff feels
that a more conservative approach must be taken when
addressing the question of parking in the Heights.
While it is true that many of the adjacent commercial uses
are not open during this proposed restaurant's dinner hour
(5:30 p.m. - 10:00 p.m.), and more parking would be
available in the area, the additional traffic generated
during the lunch hours (11:30 a.m. - 2:00 p.m.) would only
exacerbate an already difficult situation.
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February 13, 1995
Item No.: A Cont.
As such, staff cannot support the requested parking
variance.
C. Staff Recommendation:
Staff recommends denial of the requested parking variance.
BOARD OF ADJUSTMENT:
(JANUARY 30, 1995)
Scott Swander was present representing the applicant. There were
no objectors present. Staff presented the item and a
recommendation of denial. Staff also made reference to three
letters which had been presented to the Board. One letter was in
support of the variance from the Heights Merchants and
Professional Association. Two letters were in opposition to the
variance; one from Ron Tunnell, Attorney representing the owners
of the property at 5717 and 5719 Kavanaugh Blvd. and one letter
from Flake, Tabor, Tucker, Wells and Kelley, a property
management company representing the owners of the Heights Theatre
at 5600 Kavanaugh, Harvest Foods at 5501 Kavanaugh and the
commercial center at 1818 North Taylor.
Mr. Swander presented a map of the area around the 5700 block of
Kavanaugh Blvd. He pointed out the availability of 60 parking
spaces, counting on street parking as well as some private, off-
street parking.
Chairman Borchert asked what the seating capacity of the
restaurant would be. Mr. Swander responded that the seating
capacity would be approximately 60.
After further discussion, Jeff Hathaway asked staff to give a
history of the nonconforming status of parking in the Heights.
Richard Wood responded by stating that the majority of the
commercial area in the Heights was developed prior to the parking
requirement being placed in the Zoning Ordinance in 1958 or 1959.
Since that time, new commercial development has had to comply
with the on-site parking requirement.
Andrew Melton addressed the Board in support of the variance. He
stated the Heights Merchants and Professional Association was
concerned about businesses leaving the area and was in support of
the proposed restaurant. Mr. Melton stated he did not understand
the Board's opposition to granting the variance since there is
parking available in the vicinity of the proposed restaurant.
Dana Carney, of the Planning Staff, reminded the Board that the
letters of opposition came from the owners of parking lots in the
vicinity of the proposed restaurant. Some of the parking which
Mr. Swander had indicated as available for use by the restaurant
was in fact parking which is required by other businesses.
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February 13, 1995
Item No.: A (Cont_
Chairman Borchert stated that he was concerned about parking and
traffic in the area.
Jeff Hathaway asked how many neighborhood businesses were members
of the Heights Merchants and Professional Association.
Mr. Swander responded that nearly 100% of the businesses had
membership in the Association.
During the ensuing discussion, several board members indicated an
inclination to approve the variance but also expressed concerns
about the impact on neighboring businesses which have on-site
parking.
Paul Hickey then addressed the Board in support of the variance.
Several board members then urged the applicant to try to find a
business with excess parking which would allow the restaurant to
use some of its parking spaces.
A motion was made to defer the item to the February 27, 1995
Board meeting to allow the applicant an opportunity to locate
some available parking. The motion passed by a vote of 6 ayes,
0 noes, 2 absent and 1 open position.
(NOTES TO FILE)
After the January 30, 1995 Board meeting, the applicant approached
staff with an amended application which limited the proposed
restaurant's opening hours to only the dinner hours of 5:30 p.m.
to 10:00 p.m. and a Sunday lunch from 11:30 a.m. to 2:00 p.m. In
addition to amending the application, the applicant requested a
special meeting of the Board. The reason being, if the applicant
failed to get the approved variance by February 15, 1995, then the
property would be up for lease consideration to another party.
Staff approached Chairman Borchert who gave approval to poll the
Board members about a special meeting to review the amended
application. After polling the Board members and receiving
unanimous consent, a special meeting was set for February 13, 1995
at 1:30 p.m.
HOARD OF ADJUSTMENT: (FEBRUARY 13, 1995)
Scott Swander was present representing the applicant. There
were no objectors present. Staff presented the item and advised
the Board of the amended application which eliminated the
restaurant's lunch hours. The hours of the restaurant would be
5:30 p.m. to 10:00 p.m. and a Sunday lunch from 11:30 a.m. to
2:00 p.m. The applicant's reasoning behind the amended
application is that most of the businesses in the immediate
vicinity close by 6:00 p.m. and are not open at all on Sunday.
Therefore, by eliminating the lunch hour, the proposed restaurant
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February 13, 1995
Item No.: A (Cont.
should not create a parking conflict with the other businesses.
Staff advised the Board that they agreed with this assessment and
were offering a recommendation of approval of the amended
application.
Mr. Swander addressed the Board and confirmed the amended
application.
Chairman Borchert asked Mr. Swander if he had made contact with
the two individuals who wrote letters in opposition to the
parking variance. Mr. Swander responded that he had spoken with
both Mr. wells and Mr. Tunnell and neither appeared to have any
objections to the amended application.
Chairman Borchert asked if staff had received any comment on the
item. Dana Carney, of the Planning Staff, responded that letters
had been sent to both Mr. wells and Mr. Tunnell advising them of
the amended application and the February 13, 1995 Special Board
meeting. Mr. Carney stated that there was no response to the
letters.
Chairman Borchert stated that he and other Board members had
received a phone call in opposition to the variance request from
Sam Anderson of the firm of Barnes, Quinn, Flake and Anderson.
A motion was then made to approve the amended application for a
parking variance subject to the restaurant being open only for
the dinner hours of 5:30 p.m. to 10:00 p.m. and the Sunday lunch
hours of 11:30 a.m. to 2:00 p.m. The motion was approved with a
vote of 8 ayes, 0 noes and 1 open position.
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