HomeMy WebLinkAboutZ-7453 Staff AnalysisAugust 25, 2003
ITEM Na.: 6
File No.: Z-7453
Owner: Waller Investments
Address: 5524 Kavanaugh Blvd.
Description: Lots 8 and 9, Block 22, Newton's Addition
Zoned: C-3
Variance Requested: Variances are requested from the area
provisions of Section 36-301, the parking
provisions of Section 36-502, and the sign
provisions of Section 36-557, associated
with awning and sign additions and an
outdoor restaurant seating area.
Justification: The applicant's justification is presented in
an attached letter.
Present Use of Property: Restaurant
Proposed Use of Property: Restaurant with outdoor seating
'STAFF REPORT
A. Public Works Issues:
No Comments.
B. Landscape and Buffer Issues:
Because of the type and size of additions proposed, no upgrade in
landscaping is required.
C. Staff Analysis:
The C-3 zoned property at 5524 Kavanaugh Blvd. is occupied by a one-
story brick and frame restaurant building. There is an existing storage
building in the rear yard. There is paved parking on the north, south and
west sides of the building, with a total of 15 parking spaces. There are
existing access drives from Kavanaugh Blvd. and Taylor Street. There is
August 25, 2003
Item No.: 6 (Cont.
an existing canopy structure which extends from the building to within 7.5
feet of the front (Kavanaugh Blvd.) property line.
The applicant (U.S. Pizza) proposes to close in the canopy area with a
short iron fence and use the area for outdoor dining. The applicant also
proposes to install awnings on front of the main building and the south,
east and west sides of the canopy structure. Each awning will have a sign
on it advertising the restaurant. The applicant is proposing three (3)
variances with this proposal.
The first variance is from Section 36-502(3)c. of the City's Zoning
Ordinance. This section requires a minimum of 18 off-street parking
spaces for the restaurant, after the addition of the outdoor seating area.
The site currently has 15 off-street parking spaces.
The second variance is from Section 36-301(e)(1). This section requires
a minimum front yard setback of 25 feet for C-3 zoned lots. The proposed
awning on the south side of the canopy structure will extend 2.5 to 3 feet
from the canopy face, to within 4.5 to 5 feet from the front (south) property
line.
The last variance is from Section 36-557(a). This section requires that all
on -premise wall signs fact street frontage. The proposed awning sign on
the east side of the canopy structure does not have street frontage.
Staff is supportive of the requested variances. Staff feels that the
requests are reasonable. There are several commercial buildings along
Kavanaugh Blvd. in this general area that are located on or very close to
the front property lines. Therefore, the proposed front setback will not be
out -of -character with the area. Additionally, there is on -street parking
along Kavanaugh Blvd., which will aid in any overflow parking for this
business. There are several businesses in the area that have no off-
street parking, unlike this business which has 83 percent of the off-street
parking requirement. The sign located on the east side of the canopy
structure will help identify the business by west -bound traffic along
Kavanaugh Blvd. Staff is comfortable with the variances as requested.
Staff feels that the proposed outdoor seating area and awnings (with
signage) will have no adverse impact on the general area, and will be a
nice upgrade for this property.
ID. Staff Recommendations:
Staff recommends approval of the requested variances, subject to the
following conditions:
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August 25, 2003
Item No.: 6 Cont.
1. A building permit must be obtained for the awning construction.
2. A sign permit must be obtained for each sign.
3. The awnings must have a minimum clearance of eight (8) feet above
pedestrian use areas.
BOARD OF ADJUSTMENT: (AUGUST 25, 2003)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
Staff informed the Commission that the applicant completed the required
notification to surrounding property owners, but did not use a list from an abstract
company. Staff noted that it appeared all of the property owners within 200 feet
were notified in a timely manner. With a vote of 4 ayes, 0 nays and 1 absent the
Board voted to waive their bylaws and accept the notification as completed by
the applicant.
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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