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HomeMy WebLinkAboutZ-6635-A Staff AnalysisJune 28, 1999 Item No.: 2 File No.. Z -6635-A Owner: Edward David Address: 1619_Rebsamen Park Road Description : Part of the SE ',a, NE 314, Section 32, T -2-N, R -12-W Zoned: c-3 Variance Requested: Variances are requested from the off-street parking provisions of Section 36-507 and the use of right-of-way provisions of Section 36-505. Justification: The site is too small to accommodate required parking. The applicant co -leases a parking lot located directly across the street. Perpendicular parking in front of the building is common along Rebsamen Park Road. The applicant has operated his restaurant in this fashion for 17 years. Present Use of Property: Office and storage buildings (to be removed) Proposed Use of Property: New 3,000± sq. ft. restaurant Staff Report: A. Public Works Issues: 1. Driveways shall conform to Sec. 31-210 and Ordinance 18,031. 2. Rebsamen Park Road is listed on the Master Street Plan as a collector street; restore pavement to Master Street Plan standard, with curb 18 feet from centerline, and 5 -foot sidewalk in right-of-way (or provide easement for sidewalk), with ADA ramps at driveway curbs. June 28, 1999 Item No.: 2 (Cont.) 3. Nose -in parking not recommended. With franchise agreement, one 9 -foot parallel parking space is allowable behind curb line. 4. Stormwater detention ordinance applies to this property. B. Staff Analysis: The Faded Rose restaurant is currently located on the I-2 zoned property at 1615 Rebsamen Park Road. The owner of the restaurant proposes to construct a new, similarly sized facility on the adjacent, C-3 zoned property at 1619 Rebsamen Park Road. The existing buildings on 1619 Rebsamen Park will be removed and a new 3,000± sq. ft. building will be constructed for the Faded Rose Restaurant. The applicant owns the 1619 Rebsamen Park property but has been leasing the building at 1615. The new site will accommodate only 4-5 parking spaces. The proposed restaurant requires 30 on- site parking spaces. The applicant is requesting a variance to allow continued use of the 48 space parking lot located directly across Rebsamen Park Road. Additionally, the applicant is requesting a variance from Section 36-505 to permit 2 handicap parking spaces to be located in a parking "bay" in front of the restaurant. These two spaces will back into Rebsamen Park Road. Staff is supportive of the requested variances. The Faded Rose Restaurant has been in operation at 1615 Rebsamen Park Road for 17 years. Throughout that time, the applicant has utilized, along with the Buffalo Grill, the parking lot located across the street. The applicant has a long term lease for continued use of the parking lot. The lease is in his name and allowing the use of the off-site parking lot will not change circumstances from the way the business currently operates. Numerous businesses along this stretch of Rebsamen Park Road utilize head -in parking directly off of the street. The proposed restaurant site at 1619 Rebsamen Park Road now has 4 spaces in front of the building which back into the street. Additional businesses which have the same parking arrangement in this area include the current Faded Rose Restaurant, the Buffalo Grill, Grand Finale, Cynthia East Fabrics, The Pizza Cafe and The Accessory. The parking arrangement is familiar to patrons of the area businesses and residents of the area. The proposed new Faded Rose site is not conducive to providing handicap parking in another 2 June 28, 1999 Item No.: 2 (Cont. location, on-site. The property slopes down from the street so that a lower, storage level is created at the rear of the building. The three parking spaces at the rear of the building are appropriate for employees but are not functional for handicap use. In light of the applicant's proposal to reduce head -in parking on the site from 4 spaces to 2, the need for adequate ori -site handicap parking, and the established head -in parking pattern along this portion of Rebsamen Park Road, staff is supportive of the variance request. The Public Works Department does not agree and recommends against the head -in parking. C. Staff Recommendation: Staff recommends approval of the requested parking variances subject to compliance with Public Works comments 1, 2 and 4 including any variance of those comments as may be granted by the Board of Directors. BOARD OF ADJUSTMENT: (JUNE 28, 1999) The applicant, Edward David, was present. There were no objectors present. Staff presented the item and a recommendation of approval. It was noted that Public Works opposed the variance to allow the head -in parking. Mr. David addressed the Board in support of his application. He stated that he has operated the Faded Rose restaurant at 1615 Rebsamen Park Road since 1982 and there has never been an accident caused by some one backing out of the head -in spaces in front of the building. Mr. David stated that he was trying to provide handicap parking at an accessible location near the building's entrance. In response to a question from Gary Langlais, Mr. David stated that the current Faded Rose Restaurant had no handicap parking. Mr. David stated that he had to build a new building to conform to health department and ADA requirements and that he wanted to stay in the same neighborhood. In response to questions from Norm Floyd, Mr. David stated that he was comfortable with his lease of the parking lot across Rebsamen Park Road and that he did not know what would become of the old restaurant building since he did not own that property. 3 June 28, 1999 Item No.: 2 (Cont.) Tad Borkowski, of Public Works, spoke in opposition to the variance to allow head -in parking. He presented traffic counts showing over 4,000 vehicles per day on this portion of Rebsamen Park Road. He suggested that Mr. David provide one, parallel space in front of the building for handicap use. Norm Floyd suggested that a crosswalk be installed to provide access from the parking lot across the street. Mr. Borkowski responded that he was not certain of the requirements for installation of a crosswalk and did not know if one could be installed mid -block. A motion was made to approve a variance from the off-street parking provisions of Section 36-507 to -allow use of the parking lot located across Rebsamen Park Road. The motion was approved by a vote of 4 ayes, 0 noes and 1 absent. The Chair called the question on a variance from the use of right-of-way provisions of Section 36-505 to permit head -in parking. The motion failed by a vote of 0 ayes, 4 noes and 1 absent. A motion was made to approve a variance from the use of right-of- way provisions of Section 36-505 to permit a parallel parking space in front of the proposed restaurant. The motion was approved by a vote of 4 ayes, 0 noes and 1 absent. 4