HomeMy WebLinkAboutZ-8086 Staff AnalysisAUGUST 28, 2006
ITEM NO.: 4
File No --
Owner:
Applicant:
Address:
Description
Zoned:
Brady Station, Inc.
Linda Bennett
2721 Kavanaugh Blvd.
Lot 13 and part of Lot 12, Block 21, Pulaski Heights Addition
C-3
Variance Requested: A variance is requested from the outdoor dining provisions of
Section 36-298 to allow outdoor restaurant seating in the public right-of-way (sidewalk).
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial (Restaurant)
Proposed Use of Property: Commercial (Restaurant with outdoor seating)
STAFF REPORT
A. Public Works Issues:
1. Sidewalks are located in the public right-of-way for public use. Sidewalks
on collector streets (Kavanaugh) are required by ordinance to be 5 ft in
width for commercial use. Since the existing sidewalk is 7 ft wide, only 4 ft
of sidewalk will be provided by proposed addition which is insufficient and
does not meet code. Staff does not support the variance request.
B. Landscape and Buffer Issues:
Site plan must comply with the cities minimal landscape and buffer ordinance
requirements.
A franchise may be required with any work to occur within the Public Right-of-
way. Site plan is unclear whether or not any of the proposal is within this area.
A franchise agreement must be obtained for any work that is to occur in the
public right-of-way, Contact John Barr at 371-4646.
AUGUST 28, 2006
0111011iTISTO iM
Street trees would make a nice addition to this area, if no trees are currently
along this section of Kavanaugh Boulevard.
C. Staff Analvsis:
The C-3 zoned property at 2721 Kavanaugh Blvd. is occupied by a one story
brick commercial building. The property is located at the southeast corner of
Kavanaugh Blvd. and Beechwood Street. There is an alley along the east
property line, with on -street parking in front of the building along Kavanaugh
Blvd. A restaurant (Vieux Carre) occupies a portion of the commercial building.
The restaurant management is requesting to utilize a three (3) foot wide strip of
the seven (7) foot wide sidewalk (right-of-way) in front of the building (3 feet X
36 feet) for outdoor restaurant seating. The outdoor seating area would
accommodate six (6) tables, with two (2) seats at each table. The area would
-be-roped off, with -a small --planter at each end -of the -seating -area: - --- -- -
Section 36-298(8) of the City's Zoning Ordinance allows outdoor restaurant
seating in the commercial zoning districts, subject to certain conditions. Staff
believes the area of proposed outdoor dining complies with these conditions,
except for the following:
"a. The area of outdoor dining shall not
be located in the public right-of-way
nor shall it obstruct pedestrian movement,
fire lanes, access to any business or areas
designated for access by the physically
impaired."
Therefore, the applicant is requesting a variance from Section 36-298(8)a. to
allow the outdoor restaurant seating area to be located in the public right-of-way.
Staff does not support the requested variance. Staff does not view the request
as reasonable. Sidewalks are in the public right-of-way for public use. At this
location on Kavanaugh the existing sidewalk is 7 feet wide. The application
proposes to use 3 feet for private use leaving 4 feet for public use. CLR code
requires a 5 foot wide sidewalk for commercial properties on collector standard
streets such as Kavanaugh. Kavanaugh in the Hillcrest business area has high
vehicle and pedestrian volumes. Vehicles park against the curb in this area.
Due to the power poles, tree wells, bench seats, and car doors opening; the
sidewalk is already obstructed. The proposed outdoor seating will obstruct the
pedestrian traffic area even more.
D. Staff Recommendation:
Staff recommends denial of the requested variance to allow outdoor restaurant
seating in the public right-of-way.
2
AUGUST 28, 2006
ITEM NO.: 4 lCon't.
BOARD OF ADJUSTMENT: (AUGUST 28, 2006)
Linda Bennett was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
Linda Bennett addressed the Board in support of the application. She gave an
explanation of the proposed outdoor seating area. She explained the existing width of
the sidewalk and how she proposed the outdoor use area to work. She noted that she
wished the Board to entertain the variance as requested, with the option of eliminating
the roped off area and planters. The issue of the front door location to the seating area
was discussed.
Chairman Francis explained that the area of outdoor dining would be very tight in
relation to the sidewalk width.
_Vice -Chairman Bur-russ-explained that -he -liked the -concept -of outdoor dining -at -this------- --
location. He suggested that the outdoor dining area be looked at with regard to
grouping the tables away from where obstacles like tree wells and utility poles existed.
In response to a question from the Board, Ms. Bennett noted that the tables would be
out during business hours.
Chris Wilbourn explained that the seating area was a good idea, but its location on the
sidewalk was a safety concern.
Fletcher Hanson concurred with Mr. Wilbourn. He noted that the sidewalk area was a
very tight area to work within.
The issue of grouping the tables was briefly discussed -
There was a motion to approve the application as submitted. The motion failed by a
vote of 0 ayes, 3 nays 1 abstention (Burruss) and 1 open position. The application was
denied.
3