HomeMy WebLinkAboutZ-8853 Staff AnalysisAPRIL 29, 2013
ITEM NO.: 3
File No.: Z-8853
Owner: K Lofts LLC
Applicant: Brad McCray, Montego Cafe
Address: 315 Main Street
Description: East side of Main Street, between Td and 4th Streets
Zoned: UU
Variance Requested: A variance is requested from the outdoor dining provisions of Section
36-342.1 to allow 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: Restaurant
Proposed Use of Property: Restaurant with Outdoor Dining
STAFF REPORT
A. Public Works Issues:
a. The minimum recommended distance between the closest obstruction and
the outer dimensions of improvements should be 4.5 feet. The proposed
plan shows a spacing of 3.5 feet between improvements and tree wells.
For the applicant's information, the Little Rock Creative Corridor plan for
the 300 & 500 blocks of Main Street also shows a rain garden to be built
14 feet from the face of the building.
b. Staff does not recommend approval of the outdoor dining area in the City's
right-of-way extending past the projection of the property line to the curb
or the projection of the building corner to the curb.
c. Staff does not recommend the issuance of a franchise permit for the use
of City's right-of-way extending past the projection of the property line to
the curb or the projection of the building corner to the curb.
d. A franchise permit can only be issued for use of the City's right-of-way in
areas adjacent to the property owner's frontage.
e. At the time the private improvements are requested to be removed from
the City's right-of-way, which can occur at any time from the date of
i'
APRIL 29, 2013
NO.: 3 (CON'T.
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 in to compliance with
city plans, codes, and details in the time period identified by the City.
B. Staff Analysis:
The UU zoned property at 315 Main Street is occupied by a five -story commercial
building. The first floor of the building contains a restaurant use, Montego Cafe.
The restaurant proposes to create an outdoor dining area on the west (Main
Street) side of the building, as noted on the attached sketch plan. The outdoor
dining area will be approximately nine (9) feet by 50 feet in area and extend into
the Main Street right-of-way. The.outdoor dining area is proposed to extend
beyond the frontage of the. building to in front of the fenced parking lot immediately
to the south, a separately owned property. A door to the restaurant will be located
at the north end of the outdoor area. The outdoor dining area will be enclosed by a
.�- 3.5 foot to four (4) foot high wrought iron fence. Tables and chairs with umbrellas
will be located within the dining area. The existing sidewalk elevation will be used
for the outdoor dining space.
Section 36-342.1(d)(1)a. of the City's Zoning Ordinance 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 a variance
from this ordinance standard to allow the outdoor dining area to be located in the
public right-of-way.
Staff does not support the application, as filed. As noted in paragraph A. of the
staff report, the Public Works Department has two (2) problems with the proposed
outdoor dining area. First, the proposed plan does not provide for minimal spacing
between the proposed outdoor dining area and the existing tree wells along Main
Street. The minimum spacing should be 4.5 feet. The applicant's plan shows a
spacing of approximately 3.5 feet. Second, a large portion of the proposed outdoor
dining area extends past the applicant's south property line to in front of and
adjacent to a fenced parking lot owned by a different entity. Public Works notes
that a franchise can only be issued for use of the City's right-of-way adjacent to a
property owner's frontage. If the applicant were willing to amend the application to
reduce the size of the outdoor dining area to comply with the Public Works issues,
staff could support the application.
C. Staff Recommendation:
Staff recommends denial of the requested outdoor dining variance, as filed.
APRIL 29, 2013
ITEM NO.: 3 (CO
BOARD OF ADJUSTMENT: (April 29, 2013)
Brad McCray was present, representing the application. There was one (1) person present
with concerns. Staff presented the application with a recommendation of denial.
Brad McCray addressed the Board in support of the application. He explained that if the area
of outdoor dining were reduced in size to be just in front of his building, it would be large
enough for only one (1) table. He noted that the adjacent property owner Arkansas Teacher
Retirement System (ATRS) had submitted a letter of support with conditions. The issue of
extending the area of outdoor dining to in front of the adjacent property to the south was
discussed. He noted that he would comply with the 4.5 foot spacing between the area of
outdoor dining and the tree wells in the sidewalk.
Laura Gilson, representing ATRS, the adjacent property owner to the south, explained that
ATRS had no issue with the area of outdoor dining, but wanted to protect their rights as
property owner with the conditions noted in their letter dated April 25, 2013.
Vice -Chairman Smith asked about the distance between the tree well and the proposed
fence. Nathan Charles, of Public works, explained that the distance needed to be at least 4.5
feet, which would be consistent with other outdoor dining in the area. Vice -Chairman Smith
asked about the distance between the front of the building and the tree well. Mr. McCray
noted that it was 12 feet. Vice -Chairman Smith noted that the minimum separation needed
to be five (5) feet and explained. There was a brief discussion of future tree locations along
Main Street.
Robert Winchester asked how many tables would be in the outdoor dining area. Mr. McCray
noted that there will be seven (7) to eight (8) tables. The issue was briefly discussed.
Rajesh Mehta asked L
4r. McCray if he would provide the five (5) foot se aratio
fence and tree well. r. Mc ray stated-th-aTfie wound comp y and reduce the width of the
�tdvor dining area to'seven (7) feet.
Mr. McCray amended the application as follows:
■ A minimum five (5) foot separation will be provided between the tree well(s) and the
fence around the outdoor dining area.
■ Compliance with the letter of agreement (dated April 25, 2013) between Brad McCray
and Arkansas Teacher Retirement System.
The issue of a franchise permit and Public Works' non-support of the extension of the
outdoor dining area past Mr. McCray's south property line were discussed. ATRS being a
party to a franchise application was also discussed.
There was a motion to approve the application as amended by the applicant and noted
above. The motion passed by a vote of 4 ayes, 0 nays, and 1 absent. The amended'- ;
,-app tc—E f on was approved-