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HomeMy WebLinkAboutZ-7425-A Staff AnalysisJuly 28, 2003 ITEM NO.: 4 File No.: Z -7425-A Owner: City of Little Rock (right-of-way) Applicant: Gene Hunter, Street Dawgs Cart and Mobile Vending Co. Address: 307 President Clinton Avenue Description: South side of President Clinton Avenue, between Cumberland and Rock Streets Zoned: UU Variance Requested: A variance is requested from the use provisions of Section 36-342.1 to permit a mobile food vending use within the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Street Right -of -Way Way (sidewalk) Proposed Use of Property: Street Food Vendor STAFF UPDATE The City Attorney's Office has determined that the City's Business Regulations which prohibit mobile food vending in a public right-of-way take precedence over the Zoning Ordinance Regulations due to the fact that the Business Regulations are more restrictive. The City Attorney's Office notes that the Board of Adjustment does not have the authority to grant a variance from the City's Business Regulations, and therefore, the variance application needs to be withdrawn. Staff supports a withdrawal of the application. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the City Attorney's Office had determined that the application needed to be withdrawn. Staff supported the withdrawal of the item. The item was placed on the Consent Agenda and withdrawn by a vote of 5 ayes and 0 nays.