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HomeMy WebLinkAboutZ-5943-A Staff AnalysisJanuary 27, 2003 ITEM NO.: C File No.: Z -5943-A Owner: Fields -Williams Family Partnership Address: 5713 Kavanaugh Blvd. Description: South side of Kavanaugh Blvd., between Pierce and Fillmore Streets Zoned: C-3 Variance Requested: The request is to amend a previously approved parking variance (Spaule Restaurant) by removing a condition that limited the hours of operation of the restaurant. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant (dinner and Sunday lunch) Proposed Use of Property: Restaurant (lunch and dinner) STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The Board of Adjustment approved a parking variance for Spaule Restaurant at 5713 Kavanaugh Blvd. on February 13, 1995. The restaurant proposed to locate in a 2,200 square foot building which has no off-street parking, and was previously occupied by a retail establishment. Changing from a retail use to a restaurant use required that the applicant provide 15 off-street parking spaces. Therefore, the applicant filed a parking variance which was approved by the Board conditioned on the restaurant only being open 5:30 p.m. to 10:00 p.m. and Sunday 11:30 a.m. to 2:00 p.m. The hours of operation were proposed by the restaurant owner (amended application) at that time. January 27, 2003 Item No.: C (Cont. The current restaurant owners, Shawna and Danny McGill, request to amend the previous approval by allowing the restaurant to open during the lunch hours. Please see the attached letter from the McGills, which explains their justification for the request. They feel that there has been a dramatic change in circumstances in the area since 1995. Staff does not support the requested amendment to the previously approved parking variance. Although staff supported the applicant's amended application in 1995, staff did not support the original submittal which included the restaurant being open during the lunch hour (see attached February 13, 1995 minute record). Staff recognized that there was a parking problem within this area of the Heights, which was a concern not only to staff but also to neighborhood residents and other business owners. To staff's knowledge, there has been no substantial change in the parking situation since that time. If the applicants can provide specific information showing that, "due to a drop in area traffic that the circumstances from then to now have changed dramatically," staff might have a different opinion of the situation. C. Staff Recommendation: Staff does not support the amendment to the previously approved parking variance. BOARD OF ADJUSTMENT: (NOVEMBER 25, 2002) Staff informed the Board that the applicant requested that this application be deferred to the December 23, 2002 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the December 23, 2002 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the notices to property owners within 200 feet of the site were not completed as required. The Board determined that the item needed to be deferred to the January 27, 2003 agenda to allow the applicant time to complete the required notifications. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. 2 January 27, 2003 Item No.: C (Cont. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) Danny and Shawna McGill were present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. Danny McGill addressed the Board in support of the application. He submitted photos of the area to the Board. He stated that he has two (2) parking spaces at the rear of the building. He noted that the photos were taken around noon on January 27, 2003, and gave a brief explanation of them. He noted that the change in the area since 1995 was that there is a lull in business activity in this immediate area during the lunch hours. He stated that he had an agreement with an adjacent business to use six (6) parking spaces. Chairman Ruck asked if the spaces dedicated from the other business will be marked for the use of Spaule Restaurant. Mr. McGill indicated that they would. Chairman Ruck asked how the Spaule customers would find the parking in the rear. Mr. McGill stated that signage could be placed on the front of the restaurant indicating parking at the rear of the building. There was a brief discussion pertaining to the parking agreement. Staff noted that the neighboring business could only allow Spaule to use parking spaces in excess of the minimum ordinance requirement for their business. Vice -Chairman Gray asked what would be the anticipated traffic during the lunch hours. Mr. McGill noted that it would probably be 40 to 45 persons. Vice - Chairman Gray asked what the seating capacity of the restaurant was. Mr. McGill noted that it was 60 to 70 seats. There was discussion related to the number of vehicles which would come to the site during the lunch hours. Chairman Ruck asked about past history of parking issues in the areas along Kavanaugh Blvd. and if conditions were imposed on other businesses. Staff explained that there had been parking variances in the past which the Board had approved with conditions, and gave examples. Vice -Chairman Gray asked how many other restaurants in the area served lunch. Mr. McGill explained that there were three (3) others. There was additional discussion pertaining to the parking issue in this immediate area. Shawna McGill addressed the Board in support of the application. She noted that other businesses in the area had explained to her that they experience a lull in customer traffic during lunchtime. Vice -Chairman Gray expressed concern that additional parking will be needed in the near future with the retail space, which will be constructed on the north side 3 January 27, 2003 Item No.: C (Cont. of the new Kroger Store. This issues was briefly discussed. Mr. McGill noted that he should not be penalized by the future retail space. Andrew Francis concurred with Vice -Chairman Gray's concern. He suggested that the Board approve the amended parking variance for 12 months, and review the issue again after that time. This issue was briefly discussed. There was a motion to approve the amended variance and allow Spaule Restaurant to open during the lunch hours for 12 months, with additional Board review after that time. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The amended variance was approved. February 13, 1 g g.5 T ^ tem No.: A 1317 S 'v41'A1, File No. Z-5943 - Owner =: Fields Family Ltd. Partnership Address: 5713 Kavanaugh B'lv'd. Description: Lot 7,:Block 6, Mountain Park Addition .Zoned : -.- C-3 Variance Re ested: Justification: Present IIse of ProDert -Pro osed Use of Property: Staff Re ort: 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 - s 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. s vacant commercial 'building Restaurant ,. A. Engineering Issues: The pavement adjacent to the curb is cracked and sagging,, repair is recommended. B.' Staff Analvsisi 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 e spacs: The property, as is true of many in the.Heights commercial area, has a non-conforIIiing status in relationship February -13, 1995 t. 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- fae41-i.ties, . 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 grea-t=-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. 2 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 550'1*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 placddT 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 Profess ional'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 iri 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. K7 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 1000 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-_i'mpact 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 3.5, 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. BOARD 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 4 February 13, 1995 em 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 l.ette:ra 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 applicatign..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. 5