HomeMy WebLinkAboutZ-7156 Staff AnalysisMarch 25, 2002
ITEM NO.: 10
File No..
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
Z-7156
Country Club Station Realty
2010 N. Van Buren Street
Lot 14, Block 26, Newton's
Addition
C-3
A variance is requested from the
area regulations of Section 36-
301 to permit a building
addition with a reduced side
yard setback, and which extends
into the public right-of-way.
The applicant's justification is
presented in an attached letter.
Restaurant
Restaurant
1. Property frontage needs to have the sidewalks and
ramps brought up to the current ADA standards.
2. Repair or replace any curb and gutter or sidewalk
that is damaged in the public right-of-way prior to
occupancy.
B. Staff Analysis:
The property at 2010 N. Van Buren Street is zoned C-3
and contains a commercial building, with off-street
parking along the building's north side. Cheers In The
Heights Restaurant is located in the northeast corner
of the existing building. There is a patio area for
outside seating (approximately 16 feet by 20 feet)
located at the northeast corner of the building,
March 25, 2002
Item No.: 10
between the building and Van Buren Street. The outside
patio area is located within the street right-of-way,
as the east wall of the commercial building is located
on the property line.
The applicant, Cheers In The Heights, is requesting a
variance from the area regulations of Section 36-301 to
permit the construction of an awning extending from the
east wall of the building over the existing patio area.
The proposed awning addition would extend over the
property line and into the public right-of-way.
According to the City's Zoning Ordinance Section 36-
301(e) (2) , the minimum side yard setback along the Van,
Buren Street property line is 25 feet.
Staff does not support the side yard setback variance.
As of this writing, staff is unsure how or if the
applicant received approval to place the patio area in
the public right-of-way in the first place. The
proposed awning addition would extend approximately 12
feet into the required Master Street Plan right-of-way
for Van Buren Street. Staff feels that the proposed
awning addition would further congest a very busy
intersection (Van Buren Street and Kavanaugh Blvd.) and
could create safety concerns.
C. Staff Recommendation:
Staff recommends denial of the requested side yard
setback variance.
BOARD OF ADJUSTMENT:
(MARCH 25, 2002)
Robert Cortinez and Chuck Presler were present, representing
the application. There were no persons present in
opposition. Staff presented the item and a recommendation
of denial.
Robert Cortinez addressed the Board in support of the
application. He explained the requested variance. He
presented photos of the property to the Board and explained.
He noted that the safety concerns expressed by staff were
minimal. He stated that the patio cover would actually make
the area safer. He noted that the patio area was
constructed in 1996, and presented police accident reports
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March 25, 2002
Item No.: 10
for the area. He also noted that the patio area aided the
handicapped customers and explained.
Andrew Francis asked what the height of the awning would be.
Mr. Cortinez explained that it would be twelve (12) feet in
height. Mr. Francis asked if the awning would extend past
the existing patio area. Mr. Cortinez responded that it
would not.
Vice -Chairman Gray asked what type of supporting structure
the awning would have. Mr. Cortinez presented the Board
with photos and explained.
Vice -Chairman Gray asked if the restaurant had trouble with
handicap accessibility. Chuck Presler responded that they
did not have a problem with serving handicapped customers.
In response to a question from Chairman Ruck, Mr. Presler
noted that the awning structure would not be enclosed.
Vice -Chairman Gray asked how the existing patio area was
approved. Staff noted that there was not a franchise for
the patio and that it would be -.considered nonconforming
based on the fact that it had existed for over a year.
Steve Haralson, of Public Works, noted that there were no
plans to widen Van Buren Street.
There was a motion to approve the application subject to the
following conditions:
1. Compliance with the Public Works requirements as
noted in paragraph A. of this report.
2. A franchise must be obtained for the covered patio
area.
3. The canopy must remain unenclosed on the north, south
and east sides.
The motion was briefly discussed. Staff noted that Public
Works requirement #2 would apply to this application. The
motion passed by a vote of 4 ayes and 1 nay. The application
was approved.
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