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HomeMy WebLinkAboutZ-7905-A Staff AnalysisAPRIL 24, 2006 ITEM NO.: B File No.: Z -7905-A Owner: Frank Whitbeck Applicant: Michael Trevisone Address: 2809 Kavanaugh Blvd. Description: Part of Lots 18 and 19, Block 36, Pulaski Heights Addition Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301 and the parking provisions of Section 36-502 to allow a deck addition with a reduced setback and a use with reduced off-street parking. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Bar/Lounge Proposed Use of Property: Bar/Lounge STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: No Comments C. Staff Analysis: The C-3 zoned property at 2809 Kavanaugh Blvd. is occupied by a one-story commercial building located between Beechwood and Palm Streets. The commercial building contains a mixture of commercial uses, with 2809 Kavanaugh Blvd. occupying only a portion of the overall building. This portion of the building is occupied by the Hillcrest Fountain, a bar/lounge (restaurant- APRIL 24, 2006 ITEM NO.: B (CON'T. type) use. There is on -street parking in front of the building and in the general area. The space occupied by the bar/lounge use occupies approximately 1, 530 square feet of the building. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 15 off-street parking spaces for this use. On August 29, 2005, the Board of Adjustment approved a parking variance for the business. The applicant is now proposing to construct a 21.5 foot by 24 foot deck on the rear of the building as noted on the attached site plan. The proposed deck will be located 4.75 to 5 feet back from the rear (south) property line and will be 6 to 7 feet above grade. The deck will allow for outdoor restaurant -type seating for 4 to 5 tables. The deck will have a hand rail around its perimeter. There will be no walls, fences, etc. around the deck. The deck will also not be covered. Section 36-502(b)(3)c. of the City's Zoning Ordinance would require five (5) additional off-street parking spaces for the additional deck seating area. Section 36-301(e)(3) requires a minimum rear setback of 25 feet for C-3 zoning. Therefore, the applicant is requesting a variance to allow the deck structure with a reduce rear setback and without providing any additional off- street parking. Staff is supportive of the requested variance. This commercial building, as well as several others in this general area along Kavanaugh Blvd., has relied entirely on off-site parking for a number of years. There is on -street parking in front of this building as well as on many other surrounding streets. The proposed bar/lounge use will be primarily an after-hours use and will have additional options for parking, as several of the surrounding uses which have off-street parking will be closed the majority of the time when the bar/lounge is operating. Additionally, the applicant has submitted a letter from Delta Trust, who has a small parking lot across Kavanaugh Blvd. to the northwest, granting permission to use their parking lot (16 spaces) after hours. With respect to the requested rear setback variance for the proposed deck, the deck will not extend any closer to the rear property line than the portion of the commercial building immediately to the east. The deck with outdoor seating will not be out of character with the neighborhood. Staff believes the request is reasonable and should have no adverse impact on the adjacent properties or the general area. 2 APRIL 24, 2006 ITEM NO.: B (CON'T. D. Staff Recommendation: Staff recommends approval of the requested parking and setback variances, subject to the following conditions: 1. The deck structure must remain uncovered and unenclosed on its south and west sides. 2. A building permit must be obtained for the deck construction. 3. There are to be no outdoor speakers or amplification for the outdoor seating/deck area. BOARD OF ADJUSTMENT: (MARCH 27, 2006) Michael Trevisone was present, representing the application. There were three (3) persons present with concerns. Staff presented the item with a recommendation of approval. Michael Trevisone addressed the Board in support of the application. He explained the agreement with Delta Trust to use their parking lot after hours. He noted that his employees could park at that location. He explained that there are other parking options in the area. Doug Green addressed the Board in opposition. He explained that there was a parking burden on the Kroger property to the south. He noted that when the bank begins construction across Kavanaugh to the north, parking in the area would become more of a problem. Dennis Burrow, of the Hillcrest Merchant's Association, also addressed the Board in opposition. He noted that Kroger had expressed concern with over usage of their parking lot. He discussed the parking issue in the general area. He requested the application be deferred in order for the issue of parking to be discussed. Scott Smith, of the Hillcrest Resident's Association, addressed the Board with concerns. He expressed concern with the proposed deck being compatible with the general area. He requested the application be deferred to allow time for the issue of compatibility to be discussed. Chairman Francis explained that he favored staff's recommendation with respect to this application. Chris Wilbourn concurred with Chairman Francis. Vice -Chairman Burruss expressed concern with the parking issue. He expressed support of staff's recommendation, but stated he was leaning toward a deferral. Fletcher Hanson also explained that he was considering a deferral of the application. Staff noted that they were not opposed to a deferral to allow the applicant an opportunity to meet with the W APRIL 24, 2006 ITEM NO.: B (CON'T. BOARD OF ADJUSTMENT: (MARCH 27, 2006 CON'T.) Hillcrest Residents' and Merchants' Associations to discuss issues related to this application. The issue of dumpsters was briefly discussed. Mr. Trevisone stated that the dumpster would be cleaned out and changed out on a regular basis to avoid odors. Vice -Chairman Burruss briefly discussed the proposed deck. He asked if any screening could be placed along the south side of the deck, with the deck being pulled back (approximately 4 feet) to allow some landscaping. Mr. Trevisone indicated the issue of landscaping/screening would be acceptable. Chairman Francis discussed additional conditions to staff's recommendation. He proposed the following additional conditions: • The employees of the Hillcrest Fountain must park in the Delta Trust parking lot. Sign(s) must be posted on the front door/windows of 2809 Kavanaugh informing customers of the available parking in the Delta Trust parking lot. Shorten the deck by four (4) feet to allow the underside (south side) of the structure to be screened with lattice and planter boxes. The issue of Canon Grill's grease trap was briefly discussed. Mr. Burrows and Mr. Green explained that the proposed deck would cover the existing grease trap. Mr. Smith explained that the neighborhood association would like to meet and discuss the issue before the Board acts on the application. Vice Chairman Burruss noted that he was comfortable with the application with the additional conditions proposed by Chairman Francis, but would not be opposed to a deferral. Mr. Trevisone noted that the Hillcrest Fountain wanted to be a good neighbor and would be in favor of a deferral to allow time for the issue to be discussed with the Hillcrest Residents' and Merchants' Associations. There was a motion to defer the application to the April 24, 2006 Agenda. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was deferred. BOARD OF ADJUSTMENT: (APRIL 24, 2006) Michael Trevisone was present representing the application. There were no objectors present. Staff briefly described the application, noting the applicant had revised the site plan providing an additional four (4) feet of rear setback and a screening fence (to hide the lower portion of the deck) and planter boxes along the south side of the deck. The revised plan also provides a trap door on the deck to service the existing grease trap. rd APRIL 24, 2006 ITEM NO.: B ICON'T. BOARD OF ADJUSTMENT: (APRIL 24, 2006 CON'T.) Staff recommended approval of the application, subject to the three (3) conditions noted in paragraph D. of the agenda report, and the following additional conditions: • The employees of the Hillcrest Fountain must park in the Delta Trust parking lot. ■ Sign(s) must be posted on the front door/windows of 2809 Kavanaugh informing customers of the available parking in the Delta Trust parking lot. • Shorten the deck by four (4) feet to allow the underside (south side) of the structure to be screened with lattice and planter boxes. The applicant offered no additional comments. Scott Smith, President of the Hillcrest Resident's Association, addressed the Board. He explained that the Board of his association did not oppose the application. There was a motion to approve the application as revised and recommended by staff. The motion passed by a vote of 3 ayes, 0 nays and 2 absent. The revised application was approved.