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HomeMy WebLinkAboutZ-7124-B Staff AnalysisJune 24, 2002 ITEM NO.: B File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: Z -7124-B Block 2, Limited Partnership 101 Main Street Southeast corner of Main Street and Markham Street UU A variance is requested from the development provisions of Section 36- 342.1 to allow an awning addition which projects more than five (5) feet into the public right-of-way. The applicant's justification is presented in an attached letter. Mixture of commercial, office and residential Mixture of commercial, office and residential On March 25, 2002 the Board of Adjustment granted a variance to allow outside restaurant seating at 101 Main Street. The seating was to be located along Main Street adjacent to the portion of the building occupied by the San Francisco Bread Co. During the public hearing, the Board asked the applicant if an awning would be used to cover the outside seating area. The applicant responded that only umbrellas would be used. June 24, 2002 711 After further consideration, the applicant has decided to construct an awning over the outside seating area. The awning would project from the fagade of the building six (6) feet to 11.5 feet. There would be approximately 8.5 feet of clearance over the sidewalk area at the awning's lowest point. The awning will cover 395.5 square feet of area. According to the City's Zoning Ordinance Section 36-342.1(c)(9)b., UU Urban Use District standards: "Awnings shall not project more than five (5) feet from the building faoade and have a minimum clearance of eight (8) feet above the sidewalk." Therefore, the applicant is requesting a variance to allow the awning construction. Staff is not supportive of the variance request. The intent of Section 36- 342.1(c)(9)b. was to allow owners of buildings which had zero setbacks along street side property lines to construct small awnings over doorways. Staff expressed safety concerns with the previous variance request to allow the outside restaurant seating. Staff's concerns related to the large amount of pedestrian traffic in this area and the amount of the sidewalk to be occupied by the restaurant seating. Staff feels that the safety issue will be exacerbated with the introduction of a 395.5 square foot awning structure into this right-of-way area. Staff does not feel that this is a good plan. If the Board decides to approve this application, the applicant will need to obtain a franchise permit for the structure to be located within the right-of-way. C. Staff Recommendation: Staff recommends denial of the requested variance to allow an awning structure which projects more than five (5) feet into the public right-of-way, in the UU Urban Use District. BOARD OF ADJUSTMENT: (MAY 20, 2002) Staff informed the Board that the applicant submitted a letter requesting that this application be deferred to the June 24, 2002 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the June 24, 2002 agenda by a vote of 5 ayes and 0 nays. 2 June 24, 2002 Item No.: BOARDADADJUSTMENT: (JUNE 24, 2002) Staff informed the Board that the applicant submitted a letter requesting that this application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn by a vote of 5 ayes and 0 nays. 3