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HomeMy WebLinkAboutZ-6409-C Staff AnalysisNovember 30, 1998 No.. 10 File No. Owner: Address• Description: zoned: Variance Re ested: Justification: Present Use of Propert : Proposed Use of Properrt: Staff Report: A. Public Works Issues: Z -6409-C Dennis Morgan 1009 West 7th Street Part of Block 263, Original City of Little Rock I-2 Variances are requested from the area regulations of Section 36-320 to permit a deck addition with reduced setbacks and the off-street parking provisions of Section 36- 502 to permit a restaurant with no on-site parking. The building occupies the site nearly from property line to property line. There is no available room for on site parking. Vacant building space Restaurant No Public Works Comments received. B. Staff Anal sis• The I-2 zoned property located at 1007-1009 West 7th Street is occupied by a brick building. The eastern portion of the building (1007 West 7`h) is two stories in height. The western portion (1009 West 71l`) is one story in height. Recently, the Planning Commission has approved conditional use permits to allow a retail sales business and a beauty shop in the two story building and a tattoo parlor in the front portion of the one story building. The applicant proposes to utilize the rear portion, 921± square feet, of the one-story building for a restaurant. The applicant also proposes to add a deck addition onto the rear of the building for outside dining. The deck will have a rear yard setback of 0 feet. The property has no on-site parking spaces. The Code requires a rear yard setback of 25 feet in November 30, 1998 Item No.: 10 Con the I-2 district and 9 parking spaces for this proposed restaurant use. Staff supports the requested parking and setback variances. In each of the previous conditional use permit applications, the Planning commission has approved parking variances for the proposed retail use, beauty salon and tattoo parlor. Section 36-503 states that nonconforming parking rights may be carried forward to count as part of the parking requirement of a use replacing a previously established use. The nonconforming parking requirement for this 921 square foot space was 3 spaces, reducing the requirement for the restaurant to 6 spaces. As is typical of most of downtown, there are no on-site parking spaces. Customers have learned to utilize on -street parking and what surface parking is available in the area. Parking will be more readily available in the evening hours for this restaurant, after area offices are closed. To allow reuse of the older buildings in the downtown core of the City virtually requires that parking relief be granted. The proposed deck addition is not out of character with other development in the area. Most of the older buildings in the area, including the two story portion of this development, were constructed at a time that industrial zoning did not require any rear yard setback. The proposed deck will extend no more to the rear than the existing two story building. The deck will be uncovered and used only when weather is appropriate. The property to the rear is fenced and occupied by a cellular tower site. Allowing the reduced rear yard for the deck addition should have no effect on the adjacent property. C. Staff Recommendation: Staff recommends approval of the requested parking and setback variances subject to the deck remaining uncovered and unenclosed. BOARD OF ADJUSTMENT: (NOVEMBER 30, 1998) The applicant was present. There was one interested party present. Staff presented the item and a recommendation of approval subject to the deck remaining uncovered and unenclosed. Staff noted that a letter of concern had been sent to the Board from Patrick Anders representing his father who owns the adjacent property at 1015 West 7th Street. Staff noted that Mr. Anders had since met with the applicant and the owner of the property at 1009 West 7`h Street and, as a result of those meetings, had no opposition to the variance requests. Mr. Anders addressed the Board and confirmed this. November 30, 1998 , Item No.: 10 Cont. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. 3