HomeMy WebLinkAboutZ-7716-B Staff AnalysisJUNE 27, 2005
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File No.: Z -7716-B
Owner: Edward A. and Laurie K. David
Applicant: Edward David
Address: 1615 Rebsamen Park Road
Description: East side of Rebsamen Park Road, North of Old Cantrell Road
Zoned: C-3
Variance Requested: A variance is requested from the area provisions of Section
36-301 to allow a building addition with a reduced front setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Restaurant
STAFF REPORT
A. Public Works Issues:
1. According to the survey, the proposed dining area is outside of the existing
right-of-way which is acceptable, Per previous comments, construct curb,
gutter and public sidewalk across the property frontage to match
improvements to the east.
2. Plans of all work in right-of-way shall be submitted for approval prior to start
of work. Contact David Hamilton at (501) 244-5402.
B. Landscape and Buffer Issues:
Since there is not an enclosed building addition, a landscaping upgrade is not
required with this proposal.
C. Staff Analysis:
The C-3 zoned property located at 1615 Rebsamen Park Road is occupied by a
split level masonry building which is currently vacant and being remodeled.
The building is being remodeled for use as a restaurant or banquet facility.
There is a driveway from Rebsamen Park Road at the northwest corner of the
property, which serves as access to a paved parking lot behind (east side) the
JUNE 27, 2005
ITEM NO.: 5 CON'T.
commercial building. There are three (3) head -in parking spaces in front of the
building along Rebsamen Park Road.
The applicant proposes to remove the head -in parking spaces and construct a
canopy addition to the front of the building to allow outdoor restaurant seating.
The proposed canopy structure will be 16.67 feet by 18.67 feet in size and be
located one (1) foot back from the front (west) property line. The canopy will
have a zero (0) setback from the south side property line. The applicant will
also install additional landscaping between the canopy structure and the street.
The outdoor dining area will accommodate approximately six (6) tables and 24
seats. The outdoor seating area will also have a short wood railing on its north,
south and west sides.
Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for this C-3 zoned lot. Therefore, the applicant is requesting
a variance to allow the proposed canopy structure with a reduced front setback.
No side setbacks are required for this commercial lot.
Staff is supportive of the requested front setback variance. Staff feels that the
proposed canopy structure will be compatible with this commercial area along
Rebsamen Park Road. There are restaurants located immediately north and
south of this property. The Buffalo Grill restaurant immediately to the south has
a canopy structure on front of its building which extends to the front property
line, approximately one (1) foot closer to the street than the canopy proposed.
Several of the restaurants in this area also have outdoor dining. Therefore,
staff feels the proposed canopy structure with outdoor dining will not be out of
character with or have any adverse impact on the adjacent property or the
general area.
On September 27, 2004 the Board of Adjustment approved a variance for this
property in combination with the property immediately north (Faded Rose) to
allow off-site parking. The owner of the two restaurants has a long-term lease
on the parking lot across Rebsamen Park Road to the west. The existing
parking within this lot and on the individual restaurant sites will be sufficient to
meet the minimum parking requirement for both restaurants, including the
addition of the outdoor dining area at 1615 Rebsamen Park Road.
D. Staff Recommendation:
Staff recommends approval of the requested front setback variance, subject to
the following conditions:
1. Compliance with the Public Works comments as noted in paragraph A
of the staff report.
2. The canopy addition must remain unenclosed.
3. A franchise permit must be obtained from the Public Works
Department for the landscaping within the right-of-way.
4. There are to be no outdoor speakers within the outdoor dining area.
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JUNE 27, 2005
ITEM NO.: 5 (CON'T.
BOARD OF ADJUSTMENT: (JUNE 27, 2005)
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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