Loading...
HomeMy WebLinkAboutZ-6065 Staff AnalysisDecember 18, 1995 item N A (Cont. Present ❑se of Pr❑ ert : Proposed Uge of Pro ert : Staff Report: A. Encrineerin Issues: asking that the number of parking spaces required be reduced to the number we are able to provide on site." vacant, 2 story, C-3 zoned structure Restaurant Parking plan is unacceptable to Traffic Engineering. Backing onto Palm near Kavanaugh intersection creates a safety issue. The width of driveway would violate the city's driveway ordinance which limits width to 40 feet. If access is taken from alley, improvements to the alley will be required. Sidewalks, curb, and gutters shall conform to ordinances. Stormwater detention analysis is required when impervious areas of existing structures or parking is increased by more than 500 square feet. Palm is already a substandard residential street with an overall dimension of 23 feet from back of curb to back of curb. Traffic Engineering notes that inadequate parking in this area is a chronic problem. To allow further inadequate parking would force more "business" vehicles to park on narrow residential streets, thereby eliminating much needed on -street parking for these residences. B. Staff Anal sis: The applicant proposes to convert this existing two-story, 2,900 square foot, C-3 zoned structure into a coffeehouse/restaurant. A 2,900 square foot restaurant use is required to provide 29 on-site parking spaces. The site currently has 5 spaces in the front yard and 3 spaces taking access off of the alley to the rear of the site. The 5 spaces in the front do not comply with Ordinance Design Standards and there is some question as to when they were constructed. The subject property is located in a very heavily congested portion of the Hillcrest Neighborhood. Parking is at a premium in this area, not only for the commercial uses congregated near Kavanaugh Blvd., but also for the residential properties in the area. Palm Street is a substandard residential street with time-limited parking available only on the east side of the street. 2 December 18, 1995 Item No , • A (Cont--.) In staff's opinion, allowing a parking variance of this magnitude would negatively impact the neighborhood by forcing more vehicles to park on the nearby residential streets. C. Staff Recommendatiprx: Staff recommends denial of the requested parking variance. BOARD OF AD3USTMENT (OCTOBER 30, 1995) The applicant was not present. There were no objectors present. Staff noted that the applicant had failed to send the required notices and had requested a deferral. A motion was made to defer the item to the November 27, 1995 Board meeting. The motion was approved by a vote of 7 ayes, 0 noes, 1 absent and 1 open position. BOARD OF ADJUSTMENT: (NOVEMBER 27, 1995) The applicants, John Newbern and Ellen Yeary, were present. There were three objectors present. Several individuals were also present in support of the application. Staff presented the item and a recommendation of denial. It was noted that several letters, both is support of and objecting to the item, had been presented to the Board. Ellen Yeary addressed the Board in support of the item. She stated that the applicant had a great desire to locate in the Hillcrest area. She stated that 1,900 square feet of the 2,900 square foot building would be used for the coffeehouse and that the remaining 1,000 square feet would be used as office space. Ms. Yeary stated that she had met with officials of the Public Works Department and had revised the site plan to address their concerns about the parking area in front of the building. She stated that the alley behind the property would be used for delivery vehicles and dumpster pickup. Ms. Yeary presented a vicinity map showing the availability of on -street parking in the area. Ms. Yeary concluded by stating that the requested parking variance was not unreasonable. John Newbern addressed the Board in support of his application. He presented a statement signed by several neighborhood residents and business owners who supported the proposed coffeehouse. Mr. Newbern stated that he wanted to be a good neighbor and did not want to be a burden on the neighbors. He concluded by stating that he would place a privacy fence on the south property line, where adjacent to residential property. 3 December 18, 1995 ztem N A (Cont.) In response to a question from Mark Alderfer, Dana Carney of the Planning staff, stated that a restaurant was an allowed use in the C-3 zone. Whitney Williams, of #6 Shepherd Court, spoke in support of the item. She stated that the proposed coffee house would provide a nice place for people to go. Jeff Smithwick, of 1117 Kavanaugh #3, spoke in support of the application. He stated that he did not see traffic congestion on the street as an issue. Amy Darwin, of 725 N. Walnut, addressed the Board in support of the item. She stated that there was adequate on -street parking available on Kavanaugh Blvd. which is in close proximity to the site. Adam Frith, of 14201 Clarborne Court, spoke in favor of the item. He noted that the site was zoned C-3 and had been vacant for 3 years. Stephaie Dhonars, of 4507 Woodlawn #4, spoke in support of the item. Drew Camp, of 710 N. Palm, addressed the Board in opposition to the item. He voiced concern about the increased traffic and the lack of available parking. He noted that the adjacent businesses have a dumpster off of the alley which is picked up at 5:00 a.m. Mr. Camp stated that the dumpster truck has to enter the alley from "F" Street, two blocks south, because of the limited turn movement onto the alley from adjacent streets. Marcia Camp, of 75 Robinwood, spoke in opposition to the item. She stated that the on -street parking spaces along Palm Street stayed full all day long. Ms. Camp stated that the restaurant would be open late in the evening which would have a negative impact on the adjacent residential neighborhood. She noted that the proposed use would also serve beer and wine which would draw a different clientel than a coffee house. Scott Beardsley, of 704 N. Palm, spoke against the item. He stated that the coffeehouse was a great idea but that 722 N. Palm was the wrong location. He discussed the effect of on -street parking in the neighborhood caused by existing businesses. Mr. Beardsley stated that those people speaking in favor of the item did not live in the area and that residents of the 700 block of Palm Street were opposed to the restaurant. Ms. Yeary stated that the applicant was willing to make concessions to satisfy the neighbors. John Borchert noted that the Board had dealt with a similar case on Kavanaugh Blvd. in the Heights. He stated that the applicant in that case had agreed to limit the hours of operation to after 4 December 18, 1995 Item No.: A (Cont.) 5:00 p.m. so as not to impact on -street parking during the hours other businesses in the area were open. Mr. Newbern responded that it would be difficult to make expenses being open only in the evening. He stated that he was going to spend a substantial amount of money to acquire and remodel the building. Mr. Newbern stated that the suburban parking standards established by the Ordinance don't work when applied to the Hillcrest area. Whitney Williams addressed the Board again. She stated that the applicant should be able to negotiate some agreement regarding hours of operation that don't conflict with the use of on -street parking. John Borchert asked if the business could be "to go" in the morning and afternoon and limit full service to the evening hours. Mr. Newbern responded that he could not commit to such constraints. Mr. Borchert stated that he was concerned about the impact on existing businesses and neighborhood residents. Brandon Rogers stated that he was concerned about the level of opposition from neighborhood residents and the Hillcrest Neighborhood Association. Mr. Newbern responded that he had met with several neighbors who were supportive of the proposed coffee house. In response to a question from Nevil Withrow, Mr. Newbern stated that he would approach the nearby Harvest Foods Store about leasing some of that store's parking spaces. Dana Carney, of the Planning Staff, noted that Harvest Foods was zoned PCD and any movement regarding the parking associated with the site could affect the PCD and require further review and approval by the Planning Commission. A motion was made to defer the item to the December 18, 1995 Board meeting to allow the applicant to approach Harvest Foods about the availability of parking. The motion was approved by a vote of 7 ayes, 0 noes, 1 absent and 1 open position. BOARD OF AD TMENT• (DECEMBER 18, 1995) Ellen Yeary and John Newbern were present representing the application. There were two objectors and several persons in support of the application present. Staff presented the item and reiterated the recommendation of denial. Ellen Yeary addressed the Board. She stated that the applicant was prepared close the upstairs portion of the building during December 18, 1995 11 hm No .: A (Cont.) lunch hours and use only the downstairs 1,350 square feet; theoretically reducing the parking requirement during that time. Ms. Yeary also stated that the applicant was considering approaching the owner of the residential lot directly across the alley about using the rear portion of that lot for parking. She stated that the dumpster would be located on the rear portion of the restaurant's lot, with access to the dumpster being from the alley. Dana Carney, of the Planning Staff, noted that the residential lot across the alley was not included in this application and any proposal to utilize that lot to provide parking for the restaurant would require a new application. in response to a question from John Borchert, Mr. Carney stated that it would be difficult to enforce the provision offered by Ms. Yeary concerning limited use of the building during lunch hours; that Enforcement officers would have to enter the facility on a regular basis during lunch hours to determine if the upstairs area was being used. There was then a further discussion concerning the possible use of the residential lot across the alley. Ms. Yeary stated that the applicant had considered other options and this one seemed the most viable. Leland Gunn, current owner of 722 N. Palm, addressed the Board. He stated that the structure was used as a 6 unit apartment buidling when he bought it in 1974. Mr. Gunn stated that the building had been used as offices and an antique shop. He stated that the only parking problem associated with the site was when persons in the neighborhood parked on his property. George Campbell, of 519 N. Palm, He stated that he was active in Association and that he did not would further impact traffic in several other businesses in the parking. spoke in support of the item. the Hillcrest Resident's believe the proposed coffee house the area. Mr. Campbell noted area which do not have on-site John Newbern addressed the Board in support of his application. He presented photographs showing the availability of on -street parking in the area. Mr. Newbern also presented a map highlighting the homes of those neighborhood residents who support the proposed coffee house. John Borchert asked Mr. Newbern if he would consider closing the second floor of the building during breakfast as well as lunch hours. Mr. Newbern responded that parking was not a problem during the early morning hours and that he would prefer not to limit use of the site during breakfast hours. 6 December 18, 1995 Item No.: A _(Cont.) Drew Camp, of 710 N. Palm, spoke in opposition to the item. He stated that parking was a problem in the area. Mr. Camp stated that several other neighborhood residents were opposed to the coffee house. In response to a question from John Borchert, Mr. Camp stated that he was absolutely opposed to the proposal put forth to place additional parking off of the alley. He reiterated his concern voiced at the previous meeting that it would be difficult for dumpster trucks to use the alley. Mr. Camp stated that there were new residents in the area that were not notified of the hearing. In response to a question from Chairman Terry, Dana Carney discussed the notification procedure which the applicant had followed. Mr. Carney explained that the applicant had followed the proper procedure, utilizing a certified list of property owners obtained from an abstract company. He explained that the abstract company obtained its information from the Pulaski County real estate tax records and that a new property owner might not yet be shown on those records. Marcia Camp, owner of 710 N. Palm, spoke in opposition to the item. She stated that the Board seemed to be focusing on the lunch hour but that she was concerned about other hours as well. She stated that the impact would be greatest on neighborhood residents in the evening who would not have parking available on the street for guests. Ms. Camp stated that she was concerned about people from outside the neighborhood coming to the area to go to the coffee house all hours of the day and night. Ms. Camp asked the Board to "protect the residential neighborhood." In response to a question from Chairman Terry, Steve Giles of the City Attorney's Office, stated that the parking variance could be limited to a restaurant use but not to this specific restaurant use only. Ellen Yeary reminded the Board that the use proposed is permitted in the C-3 district and that the issue is a parking variance, not whether the building can be used as a restaurant. Mark Alderfer stated that he was familiar with the neighborhood and had been by the site numerous times. Mr. Alderfer stated that parking was always available in the area. Nevil Withrow also stated that he had visited the site numerous times and had found parking to always be available. Mr. Withrow then made a motion to approve the parking variance as submitted. In response to a question from staff, Mr. Withrow stated that his motion was to approve the variance as submitted, with no amendments or revisions that might have been discussed during the hearing. The motion was seconded and approved by a vote of 8 ayes, 1 noes and 0 absent. 7