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HomeMy WebLinkAboutZ-7124-A Staff AnalysisMarch 25, 2002 ITEM NO.: 7 File No.. Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: Z -7124-A Block 2, Limited Partnership 101 Main Street Southeast corner of Main Street and West Markham Street UU A variance is requested from the use regulations of Section 36- 342.1 to allow a restaurant, with outside seating within the public right-of-way, in the UU Zoning District. The applicant's justification -is presented in an attached letter. Mixture of Commercial, Office and -Residential Mixture of Commercial, Office and Residential 1.Improve corner curb radius to 30 feet radius with construction (existing corner radius is 20 feet). 2. Appropriate handicap ramps will be required per current ADA standards. Configuration must permit 4 -foot wide landing at top of ramp, or alternatively, a landing at street level with dual ramps parallel to the curb. 3. Repair or replace any curb and gutter sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. March 25, 2002 Item No.: 7 5.Obtain a franchise for property to be located in the right-of-way. B. Staff Analysis: The UU zoned property at 101 Main Street contains the old Wallace Building, which is currently being redeveloped for a mixture of office, commercial and residential uses under the name "Block 2." The tenant (San Francisco Bread Co.) who is located on the ground floor of the building, at the corner of West Markham and Main Streets, is requesting a variance to allow an outside use (outside restaurant seating) within the public right-of-way in the UU Zoning District. The applicant proposes to utilize from seven (7) to twelve (12) feet of the existing sidewalk width along Main Street and five (5) feet of the sidewalk width along East Markham Street for outside restaurant seating. The seating area will be separated from the remainder of the sidewalk by a three (3) foot high railing. According to the City's Zoning Ordinance Section 36-342.1(d)(1), UU Urban Use District standards: "Permitted uses. Uses permitted shall include all those allowed in the residential districts, office districts and commercial districts as "permitted uses," in this chapter 36. Except that, all uses must be inside or enclosed." Staff is not supportive of the variance request. Staff has very serious safety concerns relating to the proposed outside restaurant seating use. The Markham Street/Main Street intersection is a very busy intersection. There is a large amount of pedestrian traffic in this immediate area, with the convention center being located across Markham Street to the north. The proposed location of tables and chairs to within five (5) feet of the existing street curbs, will push the pedestrian traffic much closer to the edge of the streets. 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 2 March 25, 2002 Item No.: 7 franchise permit for the activity to be located within the right-of-way. C. Staff Recommendation: Staff recommends denial of the requested variance to allow an outside use within the public right-of-way, in the UU Urban Use District. BOARD OF ADJUSTMENT: (MARCH 25, 2002) Paul Esterer and Kal Makan were present, representing the application. There were no person present in opposition. Staff presented the item with a recommendation of denial. Paul Esterer addressed the Board in support of the application. He noted that San Francisco Bread Co. restaurant was designed with the thought of having outside seating. He noted that he, as property owner, wished to have the outside activity in the area. He briefly explained this issue. He also noted that the sidewalk would meet ADA requirements. Andrew Francis asked what the sidewalk width would be from the fence/railing to the street curb. Mr. Esterer presented a site plan drawing to the Board. The drawing was reviewed by the Board members. George Whittenberg spoke in favor of the application. He explained how the outside seating would be a benefit to the area. James Schimmer also spoke in favor of the application. He noted that outside dining was a use supported by the Downtown Partnership. He also noted that outside dining was a use allowed by the old Metrocentre plan. Mr. Esterer explained that outside seating was only anticipated along the Main Street side of the building. Chairman Ruck expressed concern with pedestrian traffic flow from south to north with the proposed design of the outside dining area. Mr. Esterer stated that he was willing to discuss redesigning the outside seating area. 3 March 25, 2002 Item No.: 7 Andrew Francis noted that there was a lamp post along West Markham Street which appeared to be in the way of the proposed outside seating area. Mr. Esterer explained that the sidewalk would be redesigned with the new trolley system and expected the lamp post to be removed. Mr. Francis asked about the proposed future redesign of the sidewalk along West Markham Street and suggested deferring the application pending additional information. Steve Haralson noted that the City had recently submitted plans to CATA regarding the streetscaping along West Markham Street and explained. This issue was discussed at length. Mr. Esterer suggested approving the outside dining along Main Street and deferring the Markham Street side. There was a general discussion pertaining to revising the application. Staff suggested revising the application by removing the outside dining from the Markham Street side of the building. Staff noted that the applicant could come back before the Board, after the streetscaping has taken place, and request the outside seating along West Markham Street. This issue was discussed further. Andrew Francis asked about a cut in the sidewalk along the Main Street frontage where a tree once existed. Mr. Esterer indicated that this cut-out area would be repaired. This issue was discussed briefly. Gary Langlais asked if an awning would cover the dining area. Kal Makan stated that the tables would have umbrellas. Vice Chairman Gray noted support of the application, with removal of the Markham Street seating, and explained. Mr. Esterer noted that the outside seating along Markham Street would be deleted from the application. There was a motion to approve the revised application subject to any cut-out areas in the sidewalk being repaired. Staff noted that a franchise also needed to be obtained. David Hamilton and Steve Haralson, both of Public Works, discussed the Public Works requirements, specifically the requirement to improve the corner curb radius. There was an amended motion to approve the revised application with a recommendation to the City Board that the boundary street improvements be waived (Item #1 under Public 4 March 25, 2002 Item No.: 7 Works requirements, paragraph A.), and subject to the following conditions: 1. Obtaining a permit and approval to repair the sidewalk cut. 2. Compliance with the Public Works requirements as noted in paragraph A. of this report. The motion was discussed at length. The motion passed by a vote of 5 ayes and 0 nays. The revised application was approved. 5