HomeMy WebLinkAboutZ-7047-A Staff AnalysisMay 20, 2002
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File No.: Z -7047-A
Owner: Abdias and Rosalinda Montoya
Address: 7102 Asher Avenue
Description: North side of Asher Avenue at Oak Park
Drive
Zoned: C-3
Variance Requested: Variances are requested from the parking,
provisions of Sections 36-507 and 36-511
to allow more than 25 percent of the
required parking to be off-site and to allow
parking spaces which do not comply to the
required parking design.
Justification:
Present Use of Property:
Proposed Use of Property
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The applicant's justification is presented in
an attached letter.
Restaurant
Restaurant
The property at 7102 Asher Avenue contains a 1,200 square foot
restaurant building and a small area of asphalt parking. A driveway from
Asher Avenue serves as access to the property. There is a mixture of
commercial uses along this section of Asher Avenue.
On June 25, 2001 the Board of Adjustment approved a variance for a
reduced number of on-site parking spaces for this property. The variance
was granted conditioned on the fact that the restaurant use would be take-
out only. However, when the applicants opened the restaurant it included
full service sit-down dining in addition to take-out. Therefore, the City's
May 20, 2002
Item No.: A (Cont.
Zoning Enforcement staff recently issued a notice to the property owner to
reduce the restaurant use to take-out only, as approved by the Board of
Adjustment.
The applicants have recently worked out an agreement with Arkla Gas
Company, the property owner immediately east of the restaurant site, to
use seven (7) parking spaces on the Arkla property. Arkla has agreed to
grant Abdias and Rosalinda Montoya a parking easement for the use of
the additional parking.
The 1,200 square foot restaurant requires a minimum of 12 parking
spaces. There are currently seven (7) paved parking spaces on the
restaurant property and seven (7) gravel parking spaces on the Arkla
property for a total of 14 spaces. Four (4) of the parking spaces (2 or the
restaurant site and 2 on the Arkla site) are stacked spaces which the
applicant proposes to use for employee parking and are labeled as such
as.the attached site plan.
Section 36-507(a) of the City's Zoning Ordinance requires that no more
than 25 percent of a site's required parking be located off-site. Section
36-511 requires that right angle parking spaces have a minimum of 20
feet of maneuvering area behind each space. Therefore, the applicant is
requesting a variance to allow more than 25 percent (42%) of the required
parking to be located off-site and a variance to allow four (4) parking
spaces (employee spaces) to have no maneuvering area.
Staff is supportive of the requested variances. Staff feels that the
applicant has done a good job in acquiring additional parking for the
restaurant use and working out a long-term agreement with Arkla for the
use of the additional parking. The additional parking should provide safe
pedestrian access to the restaurant and meet the parking needs for a
restaurant of its size. The parking variance should have no adverse
impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the parking variances subject to the
following conditions:
The property owners must maintain the parking easement
agreement with Arkla for the additional parking spaces, or the
restaurant must convert to take-out only. The owners must submit
a signed, recorded copy of the parking easement to staff within ten
(10) days of the Board's approval.
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May 20, 2002
Item No.: A (Cont.
2. The four (4) stacking spaces must be used for restaurant
employees or valet parking only.
BOARD OF ADJUSTMENT:
(MARCH 25, 2002)
Staff informed the Board that the applicant submitted a letter on March 8, 2002
requesting that this application be deferred to the April 29, 2002 agenda. Staff
supported the deferral as requested.
The item was placed on the Consent Agenda and deferred to the April 29, 2002
agenda by a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT:
(APRIL 29, 2002)
Staff informed the Board that the applicant submitted a letter requesting that this
application be deferred to the May 20, 2002 agenda. Staff supported the
deferral request.
The item was placed on the Consent Agenda and deferred to the May 20, 2002
agenda by a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT:
(MAY 20, 2002)
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 5 ayes and 0 nays.
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