HomeMy WebLinkAboutZ-7224 Staff AnalysisMay 20, 2002
ITEM NO.: 11
File No.: Z-7224
Owner: Mary H. Rose, LLC
Address: 915 West Capitol Avenue
Description: South side of West Capitol Avenue,
between Chester and Izard Streets
Zoned: UU
Variance Requested: A variance is requested from the use
regulations of Section 36-342.1 to allow a
restaurant, with outside seating, in the UU
Zoning District.
Justification: The applicant's justification is presented in
an attached letter.
Present Use of Property: Restaurant
Proposed Use of Property: Restaurant, with outside seating
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The UU zoned property at 915 West Capitol Avenue contains a small
restaurant building, which is a one-story brick structure. There are two (2)
areas of outside restaurant seating on the north side of the restaurant
building, between the structure and the sidewalk along West Capitol
Avenue. Each outside seating area will consist of four (4) tables, with
umbrellas used to provide shade. The restaurant owner recently received
a notice from the City's Zoning Enforcement staff to cease the outside
seating based on the fact that outside commercial uses are not allowed in
the UU Zoning District. Therefore, the owner requests a variance from
this standard.
May 20, 2002
Item No.: 11 (Cont.
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 supportive of the requested variance. To staff's knowledge, all of
the outside seating areas will be located on the owner's property and not
in the public right-of-way. It appears that the outside seating areas will not
affect the sidewalk along West Capitol Avenue in any way. The proposed
restaurant with outside seating areas could help revitalize this area of
downtown by promoting and increasing the pedestrian traffic in the area.
C. Staff Recommendation:
Staff recommends approval of the variance to allow outside restaurant
seating subject to none of the seating areas encroaching into the sidewalk
area (public right-of-way) along West Capitol Avenue.
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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