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HomeMy WebLinkAboutZ-8823 Staff AnalysisDECEMBER 17, 2012 ITEM NO.: 2 File No.: Z-8823 Owner: Mann Development, LLC Applicant: Michael McCallum Address: 310 Main Street Description: Lot 9 and the South half of Lot 10, Block 76, Original City of Little Rock Zoned: R-2 Variance Requested: Variances are requested from the development and use provisions of Section 36-342.1 to allow awnings which project more than five (5) feet into the public right-of-way and an area of outdoor dining in the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues. Three-story commercial building Mixed restaurant and residential use 1. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 2. At the time the private improvements are requested to be removed from the right-of-way which can occur at any time from the date of franchise permit issuance, the City of Little Rock is not responsible to refund any loss from any income received as a result of the improvements in the right-of-way. The owner of the improvements is responsible for the cost of removal and restoring the right-of-way back into compliance with city plans, codes, and details in the time period identified by the City. B. Staff Analysis: The UU zoned property at 310 Main Street is occupied by a three-story commercial building, the Gus Blass Dry Goods Building built in 1895. The building is part of the "Mann on Main" rehabilitation project. The three-story building will be a mixed use structure, with a restaurant on the ground floor and residential apartments above. DECEMBER 17, 2012 ITEM NO.: 2 (CON'T. As part of the restaurant project, the applicant is proposing to create an outdoor dining area on the east (Main Street) side of the building, as noted on the attached sketch plan. The outdoor dining area will be approximately 10 feet by 50 feet in area, extending approximately seven (7) feet into the Main Street right- of-way. The outdoor dining area will have a raised concrete slab with metal railing approximately 3.5 feet high. An accessible entry will be located at the south end of the dining area. Doors to the restaurant will be located at the north end of the outdoor area. The outdoor dining area will contain approximately 26 seats. The inside portion of the restaurant will have approximately 70 seats. The applicant is also proposing three (3) awnings on the east side of the building to cover most of the outdoor dining area as well as the south entry door to the restaurant. The awnings will extend approximately seven (7) feet into the Main Street right-of-way and approximately 10 feet from the building facade. The awnings will be located approximately nine (9) feet above the elevation of the sidewalk. Section 36-342.1 (c) (9) b. of the City's Zoning Ordinance requires that awnings project no more than five (5) feet from a building facade and have a minimum clearance of eight (8) feet above a sidewalk. Section 36-342.1 (d) (1) a. states that an 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 physically impaired. Therefore, the applicant is requesting variances from these ordinance standards to allow the awnings to project more than five (5) feet from the building and the outdoor dining area to be located in the public right-of-way. Staff is supportive of the requested variances. Staff views the request as reasonable. Similar areas of outdoor dining can be found throughout the downtown area. The same holds true for the awning encroachment. The Public Works Department contacted the project engineers at Crafton Tull who are working on the Main Street Creative Corridor and Stormwater Demonstration projects. They reviewed the proposed outdoor dining and awning request and note that they don't appear to clash with the Creative Corridor or Stormwater projects. They pointed out that the Creative Corridor will call for an entry plaza at this intersection which would encourage bringing business and retailers closer to the street by allowing outdoor dining and open displays. Staff believes the outdoor dining and awnings are appropriate and should have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the requested outdoor dining and awning variances, subject to compliance with the Public Works requirements as noted in paragraph A. of the staff report. DECEMBER 17, 2012 ITEM NO.: 2 (CON'T. BOARD OF ADJUSTMENT: (December 17, 2012) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, with conditions. The item was placed on the Consent Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.