HomeMy WebLinkAboutZ-6459-A Staff AnalysisMAY 24, 2010
ITEM NO.: A
File No.: Z -6459-A
Owner: Satellite Heights Real Estate, LLC
Applicant: Jennifer Herron, Herron Horton Architects
Address: 5923 Kavanaugh Blvd.
Description: Part of Lots 10-12, Block 8, Mountain Park Addition
Zoned: C-3
Variance Requested: Variances are requested from the area provisions of Section 36-
301 and the parking provisions of Section 36-502 to allow a building addition with reduced
front setback and a reduced number of parking spaces.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Restaurant
Proposed Use of Property: Restaurant
STAFF REPORT
A. Public Works Issues:
No Comments,
B. Staff Analysis:
The C-3 zoned property at 5923 Kavanaugh Blvd. is currently occupied by a split
level brick commercial building which is currently vacant. The property is located
at the southeast corner of Kavanaugh Blvd. and University Avenue. There is an
access drive from University Avenue, with paved parking on the south and east
sides of the building. There are ten (10) parking spaces on the site, with an exit
drive onto Kavanaugh Blvd. at the northeast corner of the property. There is an
existing outdoor restaurant seating area (with three foot high railing) on the north
side of the building, between the building and the sidewalk along Kavanaugh Blvd.
On March 9, 1998 the Board of Adjustment approved a parking variance to allow a
restaurant, Satellite Cafe, to occupy the building. Satellite Cafe recently closed in
order to remodel the building and re -open. As part of the remodeling project, the
applicant proposes to add a nine (9) foot by ten (10) foot entry area on the north
side of the building and an additional 342 square feet of outdoor seating area at
the northwest corner of the building, both noted on the attached site plan.
MAY 24, 2010
ITEM NO.: A (Con't.
The applicant is requesting two (2) variances with the proposed remodeling
project. The proposed front entry addition will be located 9.8 feet back from the
front (north) property line. Section 36-301(e)(1) of the City's Zoning Ordinance
requires a minimum front setback of 25 feet for C-3 zoned property. Therefore, the
applicant is requesting a variance to allow the proposed 9.8 foot front setback.
Section 36-502(b)(3)c. requires a minimum of three (3) additional off-street parking
spaces for the 342 square feet of additional outdoor dining space as proposed.
Therefore, the applicant is requesting a variance from this requirement also. There
are ten (10) paved parking spaces on the site. The restaurant use which occupied
and will re -occupy the building would typically be required a minimum of 36 off-
street parking spaces.
Staff is supportive of the requested setback and parking variances. Staff views the
request as reasonable. With respect to the front setback variance, most of the
other commercial buildings, along the south side of Kavanaugh Blvd., to the east
are located on their front property lines adjacent to the sidewalk along Kavanaugh
Blvd. The requested front setback for the new front entry area will not be out of
character with other commercial buildings to the east. Additionally, staff views the
parking variance as a minor issue. The remodeling of the existing restaurant
space will not change the amount of available seating for the restaurant use, with
the exception of the new 342 square feet outdoor seating area. This is a very
small area of additional seating which requires an additional three (3) off-street
parking spaces. As noted previously, the site contains ten (10) existing off-street
parking spaces. The majority of the commercial uses along the south side of
Kavanaugh Blvd. have no off-street parking spaces. Therefore, this site has a
slight parking advantage over those other commercial uses, including other
restaurants. Staff believes there is ample parking, including on -street parking, in
this general area and that the requested variances will have no adverse impact on
the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback and parking variances,
subject to providing railing to delineate the area of outdoor seating.
BOARD OF ADJUSTMENT: (APRIL 26, 2010)
The applicant was not present. There were no objectors present. Staff presented
the item and informed the Board that the item needed to be deferred to the May 24,
2010 Agenda. There was no further discussion. The item was placed on the
consent agenda and deferred to the May 24, 2010 meeting by a vote of 5 ayes, 0
noes and 0 absent.
MAY 24, 2010
ITEM NO.: A (Can't.
BOARD OF ADJUSTMENT: (MAY 24, 2010)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as noted in the "staff recommendation"
above. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and
0 absent.