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.