HomeMy WebLinkAboutZ-7247 Staff AnalysisJuly 29, 2002
ITEM NO.: 4
File No.: Z-7247
Owner: Catlett Tower Building
Address: 323 Center Street
Description: North side of West 4th Street, between
Center and Louisiana Streets
Zoned: UU
Variance Requested: A variance is requested from the use
regulations of Section 36-342.1 to allow
outside restaurant seating in the UU Zoning
District.
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
The applicant's justification is presented in
an attached letter.
Mixed Office and Commercial
Mixed Office and Commercial
Public Works has no objection to the outdoor dining as long as none of
the tables or chairs are located in the right-of-way blocking any portion of
the sidewalk.
B. Staff Analysis:
The UU zoned property at 323 Center Street is occupied by the Catlett
Tower Building, a multi -story office/commercial building. There is an
alcove area located along the south side of the building (north side of
West 4th Street). The Downtown Deli, one of the ground floor tenants,
recently placed tables and chairs within this alcove area, creating an
outdoor dining area. 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 applicant requests a variance from this standard.
July 29, 2002
Item No.: 4
"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 4th Street in any way. The outside seating
area should have no adverse impact on the general area.
C. Staff Recommendation:
Staff recommends approval of the variance to allow outside restaurant
seating, subject to all of the tables and chairs being located within the
alcove area and not encroaching onto the sidewalk (public right-of-way)
along West 4th Street or blocking public access to the building entrances.
BOARD OF ADJUSTMENT: (JULY 29, 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 4 ayes, 0 nays and 1 absent.
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