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HomeMy WebLinkAboutZ-8984 Staff AnalysisOCTOBER 27, 2014 ITEM NO.: 7 File No.: Z-8984 Owner: Mann Development, LLC Applicant: David B. Carpenter Address: 322 Main Street Description: Northwest corner of Main Street and W. 4th Street Zoned: UU Variance Requested: A variance is requested from the use provisions of Section 36-342.1 to allow an outdoor dining in the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Commercial Building Space Proposed Use of Property: Restaurant With Outdoor Dining STAFF REPORT A. Public Works Issues: 2. The two gates on the outdoor dining area shall open to the interior. 3. No obstructions shall extend beyond the concrete patio slab. 4. At time of construction a smooth transition shall be provided between the new concrete patio slab and the sidewalk pavers to not create a tripping hazard. 5. Obtain a franchise agreement from Public Works, Civil Engineering, Bennie Nicolo (501-371-4818) for the private improvements located in the public right- of-way. The application fee is $75.00. A franchise agreement application can be found at www.liftlerock.o[g/citydepartments/publicworks.aspx. The application has been filed and is under review. B. Staff Analysis: The UU zoned property at 322 Main Street is occupied by a multi -story office/commercial building. The property is located at the northwest corner of Main Street and W. 4t" Street. The first floor of the building is being remodeled for a new restaurant use. Construction on the Main Street roadway is currently taking place between W. 3rd and 4t" Streets. As part of the new restaurant use, the applicant is proposing an area of outdoor dining on a raised concrete area, as noted on the attached site plan. The outdoor dining area will extend into the Main Street right-of-way eight (8) feet from the front property line. The outdoor dining area will run 58 feet along the front of the OCTOBER 27, 2014 ITEM NO.: 7 (CON'T. building. The outdoor dining area will be enclosed with a three (3) foot high metal fence/railing. The area will allow for a maximum of 24 seats. 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 is supportive of the requested variance to allow an area of outdoor dining in the public right-of-way. Staff views the request as reasonable. Similar areas of outdoor dining can be found throughout the downtown area. This property is located within the area of the Main Street Creative Corridor and Stormwater Demonstration projects. The Public works department has reviewed plans for the proposed outdoor dining area and compared them to the final construction plans for the corridor project. The proposal appears to not conflict with the corridor project plans. Staff believes the proposed outdoor dining area will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested outdoor dining variance, subject to compliance with the Public Works requirements as noted in paragraph A. of the staff report. BOARD OF ADJUSTMENT (October 27, 2014) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff, The vote was 4 ayes, 0 nays and 1 absent. The application was approved.