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HomeMy WebLinkAboutZ-6689-D Staff AnalysisAugust 25, 2003 FfdNA9720-3 File No.: Z -6689-D Owner: Paul Johnson Address: 300 President Clinton Avenue Description: Northeast corner of President Clinton Avenue and LaHarpe Blvd. Zoned; UU Variance Requested: A variance is requested from Section 36-342.1 to allow an outdoor bar/restaurant use in the UU Zoning District. Justification. Present Use of Property: Proposed Use of Property: STAFF REPORT 1. Public Works Issues: No Comments. 2. Landsca a and Buffer Issues: The applicant's justification is presented in an attached letter. Restaurant/Bar Restaurant/Bar Insufficient building expansion to require a landscaping upgrade. 3. Staff Analysis: Banana Joe's/Margarita Mama's restaurant and bar occupies the building at 300 President Clinton Avenue. The property is located at the northeast corner of President Clinton Avenue and LaHarpe Blvd., and backs up to Riverfront Park. There is an outdoor dining/bar area (patio) at the north end of the building, overlooking the park. An outdoor patio area has existed for some time and was previously used by the Pour House restaurant. August 25, 2003 Item No.: B (Cont. The current tenant, Banana Joe's/Margarita Mama's, recently reconstructed the outdoor patio area, raising it several feet to be level with the building's ground floor. Banana Joe's/Margarita Mama's also recently constructed an unenclosed Cabana Bar within the existing patio area, as shown in the attached photos. The cabana is approximately 10 feet by 20 feet in size, and is located at the northwest corner of the restaurant building. Section 36-342.1(d)(1) of the City's Zoning Ordinance requires that all uses within the UU Zoning District be "inside or enclosed". Therefore, the applicant is requesting a variance from this ordinance standard. Although an outdoor restaurant/bar patio area existed with the previous occupant (Pour House), the current tenant has added to the use by raising the patio area and constructing the cabana bar structure. To staff's knowledge, the outdoor patio area associated with the Pour House Restaurant pre -dated the current UU Zoning standards. Staff is supportive of the variance to allow the outdoor restaurant/bar seating and cabana bar structure. On May 6, 2003 the River Market Design Review Committee reviewed the outdoor patio/cabana bar area along with other issues associated with exterior fagade colors and window treatments. The DRC approved the outdoor patio/cabana bar area with a vote of 4 ayes, 0 nays and 1 -recusal. Staff supports the-River-Mar-k-et- DRC's vote on this issue, and feels that the outdoor use of the property will not be out -of -character with the overall River Market District. Staff has been made aware of possible building code issues which may exist on the property. The applicant needs to contact Chuck Givens, building official, at 371-4828 to resolve any of these outstanding issues. 4. Staff Recommendations: Staff recommends approval of the variance to allow the outdoor patio/cabana bar use in the UU Zoning District, subject to the following conditions: 1. There is to be no signage attached to the cabana bar structure. 2. The applicant must contact the City's Building Codes division and resolve any outstanding issues. 6 August 25, 2003 Item No.: B BOARD OF ADJUSTMENT: (JUNE 30, 2003) The applicant was not present. The staff informed the Board that the applicant failed to complete the required notification to surrounding property owners. Staff recommended deferral of the item to the July 28, 2003 agenda. The item was placed on the Consent Agenda and deferred to the July 28, 2003 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting that the application be deferred to the August 25, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 25, 2003 agenda by a vote of 5 ayes and 0 nays. The Board noted that this would be the final deferral for this item. BOARD OF ADJUSTMENT: (A -U -GUST 25,--2003) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 3 May 6, 2003 ITEM NO.: 3 Name: Banana Joe's & Margarita Mama's Location: 300 Pres. Clinton Ave. Request: Painting exterior of building, Display windows and Outdoor bar Source: Tim Heiple PROPOSAL / REQUEST: On February 18"', the applicant appeared before this committee for three signs with no variances. Exterior paint colors were to be presented at the meeting. At that meeting, the three signs were approved. The exterior paint color was not chosen, it was understood that this would be brought back to the committee at a later date. Since that meeting, numerous problems have been noted at the site. Staff signed off on moving the sign from the west wall where "Pour House" was to a location over the door. This sign was installed on the roof over the door. This sign was moved at the City's request in front of the awing over the door. The entirety of the fagade was painted one color (beige) without approval. There are other enforcement issues concerning electrical, plumbing, and sewer; these issues area being pursued by the Building Codes section of the Planning and Development department. The majority of the code infractions lie with the outdoor dining area and the outdoor bar. This outdoor bar violates the underlying zoning of UU "Urban Use" which states that all uses must be enclosed. Excerpt from Email from Tim Heiple: The Owners of Banana Joe's/Margarita Mama's has authorized me to represent them in matters relating to the DRC. This letter is to request variances relating to three different sections of the Ordinance and previous presentations to the DRC by BJ's/MM's. Item #1 Request to paint the exterior of the building. Previously there was to be no repainting of the building. The request is to change the color of the building from gray to beige. The general appearance of the building will not change. Item #2 To construct an outdoor cabana bar on the new patio north of the building. The outside bar will match the inside bars in appearance. A photo is attached. Item #3 To modify the window appearance along the south side of the building facing Pres. Clinton Ave. The original commitment by the owner was to have displays in the windows and not present the appearance of an empty or unused storefront along Pres. Clinton Ave. The request is to open the blinds and to leave on enough lights during the daylight hours to show the interior of the building and give the appearance of an active business in that location. The owners will commit to a regular program of opening blinds and leaving on lights. Photo of outdoor bar from the southwest. Photo showing original two color paint scheme. STAFF RECCOMMENDATION: Staff recommends approval of the exterior paint color of the building, the approval of the agreement to open the blinds in the windows along Pres. Clinton Ave. and the exterior use of the bar. Owner will be required to obtain sign permits for each sign. Owner will be required to appear before the Board of Adjustment for the outdoor bar.