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HomeMy WebLinkAboutZ-8388 Staff AnalysisSEPTEMBER 29, 2008 ITEM NO.: 2 File No.: Z-8388 Owner: Roy Bullard Applicant: David Ashmore Address: 5805 Kavanaugh Blvd. Description: Lots 2-4, Block 7, Mountain Park 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 canopy addition with reduced setback and outdoor dining with reduced parking. 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: 1. The majority of the proposed hand rail will be 7 ft-5 in. from the back of the curb. At the tree well which is located in the sidewalk at the back of curb in front of Browning's Restaurant, the distance between the hand rail and the tree well is proposed to be 3 ft-4 in. ADA recommends the minimum width of a handicap accessible sidewalk to be 3 ft wide. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371- 4818) for the private improvements located in the right-of-way. B. Staff Analysis: The C-3 zoned property at 5805 Kavanaugh Blvd. is occupied by a one-story commercial building which houses a restaurant use (Brownings). The property is located on the south side of Kavanaugh Blvd., between N. Grant and N. Pierce Streets. There is a drive-thru window on the east side of the building. There are a total of 11 off-street, striped parking spaces on the south and east sides of the building. There is also on -street parking in the area. The building is approximately 4,500 square feet in area and requires a minimum of 45 off- street parking spaces for its use as a restaurant. The building is currently nonconforming with its relationship to off-street parking, as are about all the SEPTEMBER 29, 2008 ITEM NO.: 2 (CON'T. other commercial/restaurant uses along Kavanaugh Blvd., east of University Avenue. The applicant is proposing to utilize approximately 250 square feet of the area in front (north side) of the building as an outdoor dining area. The area will be covered by a new awning and will be enclosed with a short fence. The outdoor seating area, including awning and fence, will extend approximately two (2) feet across the front (north) property line into the right-of-way and sidewalk area of Kavanaugh Blvd. The proposed fence will be located approximately 7'- 5" from the back of curb of Kavanaugh Blvd. And 3'-4" from a tree well along the north portion of the sidewalk. Section 36-301(e)(1) of the City's Zoning Ordinance requires a front building setback of 25 feet for C-3 zoned properties. Section 36-502(b)(3)c requires two (2) additional off-street parking spaces for the proposed area of outdoor dining. Therefore, the applicant is requesting variances from these ordinance standards to allow the awning to cross the front property line into the street right-of-way and the outdoor dining area with no additional off-street parking. Staff is supportive of the requested variances. Staff views the request as reasonable. The proposed area of outdoor dining will not be out of character with the general area, as other restaurant uses in the area have outdoor dining. The Public Works department has visited the site, taking measurements of the sidewalk area, and notes in Paragraph A. of the staff report that adequate sidewalk will exist after the outdoor dining area is established to satisfy minimum ADA requirements. With care being taken to eliminate any impact the outdoor dining might have on the residential area to the north (limiting hours and having no outdoor speakers), staff believes the dining area will have no adverse impact on the area. With the outdoor dining area requiring only two (2) additional off-street parking spaces, adequate parking exists in the area. In reality, the outdoor dining area will probably not increase traffic to the restaurant, only give customers who would already be coming to the restaurant an additional seating option. The setback of the proposed awning will also not be out of character with the area, as almost all the buildings along the south side of Kavanaugh Blvd. are pulled up to the front property lines of the lots. Staff believes the proposed outdoor dining area, with variances, will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback and parking variances, subject to the following conditions: 1. A franchise permit must be obtained from the Public Works Department for the improvements located in the right-of-way. 2. Use of the outdoor dining area must cease by 10:00 P.M. daily. 3. There are to be no outdoor speakers located on the building with relation to the outdoor seating area. SEPTEMBER 29, 2008 ITEM NO.: 2 (CON'T.)_ BOARD OF ADJUSTMENT: (SEPTEMBER 29, 2008) David Ashmore was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. David Ashmore addressed the Board in support of the application. He explained the proposed outdoor seating project. He noted that some seats within the existing restaurant would be lost with the new door to the outdoor seating area. James Van Dover asked how the outdoor seating would be served. Mr. Ashmore explained that none of the area outside the fenced area would be used to serve the seating area. He noted that customers would access the outdoor seating area through the restaurant. Scott Smith expressed support for outdoor dining in the area, but explained concern with the location of the sidewalk tree well in relation to the outdoor seating area. The issue was briefly discussed. Mr. Ashmore noted that the restaurant's liquor license required the outdoor seating area to be fenced. The spacing between the fenced seating area and the tree well was discussed further. The size of the overall seating area was also discussed. Mr. Van Dover stated that he wished the following condition added to the conditions requested by staff: • No portion of the sidewalk area outside the fenced seating area may be used for operation/serving of the outdoor dining area. There was a motion to approve the application as -recommended by staff, with the additional condition as noted by Mr. Van Dover. The motion passed with a vote of 5 ayes and 0 nays. The application was approved.