HomeMy WebLinkAboutZ-8359 Staff AnalysisJ U N E 30, 2008
ITEM NO.:
File No.: Z-8359
Owner: Cantrell Heights Real Estate Co.
Applicant: Barry Williams, Crafton Tull Sparks
Address: 8200 Cantrell Road
Description: North side of Cantrell Road, at Andover Court
Zoned: C-3
Variance Requested: A variance is requested from the outdoor dining provisions of
Section 36-298 to allow an area of outdoor dining adjacent to a residential zoned property.
Justification:. The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Commercial with outdoor dining area
STAFF REPORT
A. Public Works Issues:
No Comments on outdoor dining variance.
B. Landscape and Buffer Issues:
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
All the upgrades for the parking lot are voluntary; thus any improvement is
appreciated.
A franchise agreement must be obtained for the landscaping and any parking to
be within the public right-of-way. Contact Bennie Nicolo at 501-371-4818 for
approval.
JUNE 30, 2008
ITEM NO.: 8 (CON'T.
C. Staff Analysis:
The C-3 zoned property at 8200 Cantrell Road contains two (2) one-story
commercial buildings. Driveways from Cantrell Road serve as access to the
property. There is paved parking located on the north and south sides of the
commercial buildings. The westernmost (larger) commercial building contains
a variety of commercial uses, with the east building containing a liquor store.
A driveway along the east side of the east building leads to the parking area on
the north side of the buildings.
The applicant proposes to construct a 25 foot by 20 foot deck on the rear of
the west commercial building, as noted on the attached site plan. The deck
will serve as an outdoor dining area for a restaurant which will be located
within one (1) of the bays of the commercial strip building. The applicant is
also proposing to upgrade the rear (north) parking area, including an enclosed
dumpster area.
The applicant is requesting one (1) variance with the proposed project.
Section 36-298(8)e. of the City's Zoning Ordinance states that areas of
outdoor dining shall not be located between the building occupied by the
restaurant and adjacent residentially zoned or used properties. Therefore, the
applicant is requesting a variance from this ordinance standard to allow the
outdoor dining deck to be located between the building and the multifamily
development on the MF-18 zoned property to the north.
Staff is supportive of the requested variance. Staff views the request as
reasonable. The proposed deck will be located 100 feet plus back from the
multifamily development (Foxglen Apartments). There is existing vegetation
between this property and the apartment property which will greatly limit
visibility of the deck structure from the multifamily property. The applicant has
submitted a letter from the Foxglen Apartment ownership stating no objection
to the proposed area of outdoor dining, subject to the conditions noted in the
following staff recommendation. Staff believes the proposed outdoor dining
area will have no adverse impact on the surrounding properties.
D. Staff Recommendation:
Staff recommends approval of the requested outdoor dining variance, subject
to the following conditions:
1. The restaurant hours of operation must not extend past 10:00 P.M. on
any night.
2. There shall be no live music or live entertainment within the outdoor
deck area at anytime.
3. Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the Agenda staff report.
JUNE 30, 2008
ITEM NO.: 8 (CON'T.)
BOARD OF ADJUSTMENT:
(J U N E 30, 2008)
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.