HomeMy WebLinkAboutZ-6137 Staff Analysis~May 20, 1996
Item No.:
File No.: Z-6137
owner. 1986 Southwest Mall Joint Venture
and James Kyzer
Address: 8409 I-30
Descrintion• Tract E, Southwest City Commercial
Subdivision
Zoned. C-3
Varian a ReaueAted: A variance is requested from the
location of off-street parking
provisions of Section 36-507 to
permit off-site parking which
exceeds 25 percent of the total
number required by Section 36-502.
Justification• A licant's Statement: The Owners
contemplate the sale of that parcel
of real property upon which is
located the E1 Chico restaurant to
E1 Chico Realty Corporation. This
restaurant has been in operation at
this site for 25 years.
The restaurant facility contains
approximately 6,000 gross square
feet. while the facility is served
by 23 parking spaces located within
its property line boundaries, the
facility benefits from 32
immediately abutting parking spaces
and over 150 parking spaces in the
immediate vicinity which are all
the subject of express and fully
enforceable reciprocal ingress,
egress, access and parking
easements as are all more fully
described in that document entitled
"Declaration of Restrictions and
Grant of Easements" which was filed
of record on or about December 31,
1986 in the office of the Pulaski
County Circuit Clerk as Instrument
Number 86-82678 (the
"Declaration").
Section 36-502(b)(3)C of the Code
provides that restaurants shall
i "May 20, 1996
Item No.: 2 CC
possess one parking space for each
100 square feet of gross floor
area. Section 36-507 of the Code
provides that all parking spaces
shall be on the same lot with the
building or within 300 feet
thereof, and that off-site parking
shall not exceed 25 percent of the
total number of spaces required by
this Article.
Given the 6,000 square feet, which
the subject premises comprises, 60
parking spaces are mandated but, in
fact, only 23 parking spaces are
located on site. well over 180
parking spaces immediately abut the
premises and are available for
unrestricted use by restaurant
guests pursuant to the provisions
of the Declaration.
Owners are now requesting a
variance from the provisions of
Section 36-502 and 36-507 of the
Code based upon the following
reasons:
(a) The purpose for which the
property has been used for the past
25 years will be identical to its
use on a prospective basis;
(b) valid and enforceable
reciprocal parking easements ensure
that the premises has access to
over 180 immediately available
parking spaces, a number which is
three (3) times the requirement
otherwise imposed by the Code;
(c) Given the overabundance of
parking availability, the premises
has never been the subject of lack
of parking concern;
(d) The granting of a variance by
the City will have no substantive
impact upon the premises or its.
neighboring property owners.
Present Use of Property: E1 Chico Restaurant
Proposed Use of Property: E1 Chico Restaurant
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'May 20, 1996
Item No.: 2 Cont_
Staff Report:
A. Public Works Comments:
No public works issues
B. Staff Analysis:
The E1 Chico Restaurant at 8409 I-30 is located within the
large commercial shopping center area formerly known as
Southwest City Mall. The majority of the mall site has been
purchased for redevelopment as the new headquarters of the
Arkansas State Police. The site that the restaurant sits on
is to be sold to E1 Chico Realty Corporation. The
restaurant site contains a 6,000 square foot building and 23
parking spaces. Section 36-502 requires restaurants to have
on-site parking at the rate of one space per 100 square feet
of gross floor area; requiring 60 spaces for this site.
The restaurant now has access to 32 parking spaces abutting
immediately to the east, between the restaurant and a credit
union facility. Over 150 spaces are available between the
restaurant and the grocery store on the south side of the
shopping center site. All of these off-site parking spaces
are available for use by any of the businesses within the
commercial subdivision through reciprocal ingress, egress,
access and parking easements. The applicant has provided a
copy of the easement document.
Section 36-507 states all required parking will be provided
on the same lot with the building or within 300 feet
thereof. Off-site parking shall not exceed 25 percent of
the total number of spaces required or a variance must be
obtained from the Board of Adjustment. 37 of the
restaurant's required 60 parking spaces (61 percent) are
off-site but within 300 feet of the restaurant.
No physical changes are proposed for the restaurant site.
The variance is necessary to facilitate the sale of the lot
on which the restaurant is located.
Staff believes the variance request is reasonable in light
of the amount of available parking located in close
proximity of the restaurant and the reciprocal parking
agreement.
C. Staff Recommendation:
Staff recommends approval of the requested parking variance.
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"May 20, 1'996
Item No.: 2 (Cont_)
BOARD OF ADJUSTMENT:
(MAY 20, 1996)
The applicant was not present. There were no objectors present.
Staff informed the Board that the applicant was pursuing a replat
of this lot and an adjoining lot which would add enough parking
to the E1 Chico site, so that a parking variance would not be
required. Staff recommended that the item be withdrawn.
A motion was made to withdraw the parking variance. The motion
was approved by a vote of 8 ayes, 0 noes and 1 absent.
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