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HomeMy WebLinkAboutZ-9046 Staff AnalysisSEPTEMBER 28, 2015 ITEM NO.: A File No.. Z-9046 Owner: Paul Eller Applicant: Cody Burns Address: 4308 Asher Avenue Description: North side of Asher Avenue, between Peyton and Lewis Streets Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow a restaurant use within an existing commercial building with a reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Building Proposed Use of Property: Restaurant with Bar Service STAFF REPORT ul Public Works Issues: No Comments, Staff Analysis: The C-3 zoned property located at 4308 Asher Avenue is occupied by a one-story commercial building. The property is located on the north side of Asher Avenue, east of Peyton Street. The existing commercial building has an area of approximately 2,327 square feet (25 feet by 93.1 feet). The commercial lot is 25 feet wide, with a depth of 146 feet. A small fenced asphalt area is located at the rear (north) of the building. This area will allow for the parking of the two (2) vehicles, with access from a paved alley which runs along the rear (north) property line. The property has a history of general retail -type use, with a nonconforming parking status. Past use of the property requires a minimum of seven (7) on -site parking spaces. Therefore, the nonconforming parking status is for a shortage of five (5) spaces. The applicant is now proposing to occupy the existing building with a restaurant use with bar service. As part of the proposal, the applicant has provided a written SEPTEMBER 28, 2015 ITEM NO.: A (CON'T.) agreement for use of the parking lot at 4203 Asher Avenue. The property at 4203 Asher Avenue is located across Asher Avenue to the southeast, at the southwest corner of Asher Avenue and Lewis Street. The property contains a convenience store with gas pumps. There is paved parking for 16 to 18 vehicles on the site. There is no paved parking behind the building. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 23 on -site parking spaces for the proposed restaurant use. The property has a nonconforming status/credit for five (5) parking spaces. Therefore, 18 on -site parking spaces are required. As noted previously, there are two (2) paved parking spaces at the north end of the existing building. Therefore, the applicant is requesting a variance to utilize the existing building for a restaurant use with a reduced number of on -site parking spaces. Staff does not support the requested parking variance. Staff views the applicant's proposed plan for parking as unreasonable. The applicant is proposing to utilize the existing parking for the convenience store at 4203 Asher Avenue as the primary parking for his restaurant use. The convenience store is open and operating from 6:00 a.m. to 2:00 a.m. daily, and later on weekends (5:00 a.m.). Staff estimates the parking requirement for the convenience store to be approximately eight (8) spaces. Therefore, there are only eight (8) to ten (10) available spaces for use by the proposed restaurant. However, staff has great concern with the proposed plan to use the parking across Asher Avenue from the proposed restaurant use. Staff feels that this will create a life -safety issue. Asher Avenue is a major arterial roadway. Staff believes that it will be very unsafe for pedestrians to cross back and forth across Asher Avenue between the proposed restaurant and off -site parking area, especially at night after dark. Staff believes that there is not enough available parking in this general area to allow the commercial building at 4308 Asher Avenue to be converted to a restaurant -type use. Staff believes that the best use for the building would be a retail -type use with daytime hours. C. Staff Recommendation: Staff recommends denial of the requested parking variance. BOARD OF ADJUSTMENT (June 29, 2015) Staff informed the Board that the applicant requested this application be deferred to the July 27, 2015 agenda in order to explore other parking options in the area. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the July 27, 2015 agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. 2 SEPTEMBER 28, 2015 ITEM NO.: A (CON'T.) BOARD OF ADJUSTMENT (July 27, 2015) Staff informed the Board that the applicant requested this application be deferred to the August 31, 2015 agenda in order to explore other parking options in the area. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the August 31, 2015 agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. BOARD OF ADJUSTMENT (August 31, 2015) The applicant was not present. The issue of deferral was discussed by the Board. Staff recommended deferral to the September 28, 2015 agenda. There was a motion to defer the application to the September 28, 2015, as the last deferral to be granted for this application. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred. STAFF UPDATE: On August 31, 2015 the applicant submitted two (2) additional parking agreements to staff. The parking agreements are for 4305 and 4317 W. 28t" Street. These are residential properties, zoned R-3, and will not allow for the parking of vehicles for this commercial use. Staff continues to recommend denial of the requested parking variance for the reasons noted in the final paragraph of the "Staff Analysis" (paragraph B.). 3 SEPTEMBER 28, 2015 ITEM NO.: A File No.: Z-9046 Owner: Paul Eller Applicant: Cody Burns Address: 4308 Asher Avenue Description: North side of Asher Avenue, between Peyton and Lewis Streets Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow a restaurant use within an existing commercial building with a reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Building Proposed Use of Property: Restaurant with Bar Service STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The C-3 zoned property located at 4308 Asher Avenue is occupied by a one-story commercial building. The property is located on the north side of Asher Avenue, east of Peyton Street. The existing commercial building has an area of approximately 2,327 square feet (25 feet by 93.1 feet). The commercial lot is 25 feet wide, with a depth of 146 feet. A small fenced asphalt area is located at the rear (north) of the building. This area will allow for the parking of the two (2) vehicles, with access from a paved alley which runs along the rear (north) property line. The property has a history of general retail -type use, with a nonconforming parking status. Past use of the property requires a minimum of seven (7) on -site parking spaces. Therefore, the nonconforming parking status is for a shortage of five (5) spaces. The applicant is now proposing to occupy the existing building with a restaurant use with bar service. As part of the proposal, the applicant has provided a written SEPTEMBER 28, 2015 ITEM NO.: A (CON'T.) agreement for use of the parking lot at 4203 Asher Avenue. The property at 4203 Asher Avenue is located across Asher Avenue to the southeast, at the southwest corner of Asher Avenue and Lewis Street. The property contains a convenience store with gas pumps. There is paved parking for 16 to 18 vehicles on the site. There is no paved parking behind the building. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 23 on -site parking spaces for the proposed restaurant use. The property has a nonconforming status/credit for five (5) parking spaces. Therefore, 18 on -site parking spaces are required. As noted previously, there are two (2) paved parking spaces at the north end of the existing building. Therefore, the applicant is requesting a variance to utilize the existing building for a restaurant use with a reduced number of on -site parking spaces. Staff does not support the requested parking variance. Staff views the applicant's proposed plan for parking as unreasonable. The applicant is proposing to utilize the existing parking for the convenience store at 4203 Asher Avenue as the primary parking for his restaurant use. The convenience store is open and operating from 6:00 a.m. to 2:00 a.m. daily, and later on weekends (5:00 a.m.). Staff estimates the parking requirement for the convenience store to be approximately eight (8) spaces. Therefore, there are only eight (8) to ten (10) available spaces for use by the proposed restaurant. However, staff has great concern with the proposed plan to use the parking across Asher Avenue from the proposed restaurant use. Staff feels that this will create a life -safety issue. Asher Avenue is a major arterial roadway. Staff believes that it will be very unsafe for pedestrians to cross back and forth across Asher Avenue between the proposed restaurant and off -site parking area, especially at night after dark. Staff believes that there is not enough available parking in this general area to allow the commercial building at 4308 Asher Avenue to be converted to a restaurant -type use. Staff believes that the best use for the building would be a retail -type use with daytime hours. C. Staff Recommendation: Staff recommends denial of the requested parking variance. BOARD OF ADJUSTMENT (June 29, 2015) Staff informed the Board that the applicant requested this application be deferred to the July 27, 2015 agenda in order to explore other parking options in the area. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the July 27, 2015 agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. 2 SEPTEMBER 28, 2015 ITEM NO_: A (CON'T.) BOARD OF ADJUSTMENT (July 27, 2015) Staff informed the Board that the applicant requested this application be deferred to the August 31, 2015 agenda in order to explore other parking options in the area. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the August 31, 2015 agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. BOARD OF ADJUSTMENT (August 31, 2015) The applicant was not present. The issue of deferral was discussed by the Board. Staff recommended deferral to the September 28, 2015 agenda. There was a motion to defer the application to the September 28, 2015, as the last deferral to be granted for this application. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred. STAFF UPDATE: On August 31, 2015 the applicant submitted two (2) additional parking agreements to staff. The parking agreements are for 4305 and 4317 W. 28t" Street. These are residential properties, zoned R-3, and will not allow for the parking of vehicles for this commercial use. Staff continues to recommend denial of the requested parking variance for the reasons noted in the final paragraph of the "Staff Analysis" (paragraph B.). BOARD OF ADJUSTMENT (September 28, 2015) The applicant was not present. There were no objectors present. Staff presented the application with a recommendation of denial. There was a motion to approve the application as filed. The vote was 4 ayes, o nays and 1 absent. There was a second motion to rescend the previous vote. The vote was 4 ayes, 0 nays and 1 absent. The first vote was rescinded. There was a third motion to approve the parking variance as filed. The vote was 0 ayes, 4 nays and 1 absent. The application was denied. 3 SEPTEMBER 28, 2015 ITEM NO.: A File No.: Z-9046 Owner: Paul Eller Applicant: Cody Burns Address: 4308 Asher Avenue Description: North side of Asher Avenue, between Peyton and Lewis Streets Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow a restaurant use within an existing commercial building with a reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Building Proposed Use of Property: Restaurant with Bar Service STAFF REPORT V, Public Works Issues: No Comments. Staff Analysis: The C-3 zoned property located at 4308 Asher Avenue is occupied by a one-story commercial building. The property is located on the north side of Asher Avenue, east of Peyton Street. The existing commercial building has an area of approximately 2,327 square feet (25 feet by 93.1 feet). The commercial lot is 25 feet wide, with a depth of 146 feet. A small fenced asphalt area is located at the rear (north) of the building. This area will allow for the parking of the two (2) vehicles, with access from a paved alley which runs along the rear (north) property line. The property has a history of general retail -type use, with a nonconforming parking status. Past use of the property requires a minimum of seven (7) on -site parking spaces. Therefore, the nonconforming parking status is for a shortage of five (5) spaces. The applicant is now proposing to occupy the existing building with a restaurant use with bar service. As part of the proposal, the applicant has provided a written SEPTEMBER 28, 2015 ITEM NO.: A (CON'T.) agreement for use of the parking lot at 4203 Asher Avenue. The property at 4203 Asher Avenue is located across Asher Avenue to the southeast, at the southwest corner of Asher Avenue and Lewis Street. The property contains a convenience store with gas pumps. There is paved parking for 16 to 18 vehicles on the site. There is no paved parking behind the building. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 23 on -site parking spaces for the proposed restaurant use. The property has a nonconforming status/credit for five (5) parking spaces. Therefore, 18 on -site parking spaces are required. As noted previously, there are two (2) paved parking spaces at the north end of the existing building. Therefore, the applicant is requesting a variance to utilize the existing building for a restaurant use with a reduced number of on -site parking spaces. Staff does not support the requested parking variance. Staff views the applicant's proposed plan for parking as unreasonable. The applicant is proposing to utilize the existing parking for the convenience store at 4203 Asher Avenue as the primary parking for his restaurant use. The convenience store is open and operating from 6:00 a.m. to 2:00 a.m. daily, and later on weekends (5:00 a.m.). Staff estimates the parking requirement for the convenience store to be approximately eight (8) spaces. Therefore, there are only eight (8) to ten (10) available spaces for use by the proposed restaurant. However, staff has great concern with the proposed plan to use the parking across Asher Avenue from the proposed restaurant use. Staff feels that this will create a life -safety issue. Asher Avenue is a major arterial roadway. Staff believes that it will be very unsafe for pedestrians to cross back and forth across Asher Avenue between the proposed restaurant and off -site parking area, especially at night after dark. Staff believes that there is not enough available parking in this general area to allow the commercial building at 4308 Asher Avenue to be converted to a restaurant -type use. Staff believes that the best use for the building would be a retail -type use with daytime hours. C. Staff Recommendation: Staff recommends denial of the requested parking variance. BOARD OF ADJUSTMENT (June 29, 2015) Staff informed the Board that the applicant requested this application be deferred to the July 27, 2015 agenda in order to explore other parking options in the area. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the July 27, 2015 agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. OA AUGUST 31, 2015 ITEM NO.: A File No.: Owner: Applicant: Address: Description. - Zoned: Z-9046 Paul Eller Cody Burns 4308 Asher Avenue North side of Asher Avenue, between Peyton and Lewis Streets C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow a restaurant use within an existing commercial building with a reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Building Proposed Use of Property: Restaurant with Bar Service STAFF REPORT Public Works Issues: No Comments. Staff Anal sis: The C-3 zoned property located at 4308 Asher Avenue is occupied by a one-story commercial building. The property is located on the north side of Asher Avenue, east of Peyton Street. The existing commercial building has an area of approximately 2,327 square feet (25 feet by 93.1 feet). The commercial lot is 25 feet wide, with a depth of 146 feet. A small fenced asphalt area is located at the rear (north) of the building. This area will allow for the parking of the two (2) vehicles, with access from a paved alley which runs along the rear (north) property line. The property has a history of general retail -type use, with a nonconforming parking status. Past use of the property requires a minimum of seven (7) on -site parking spaces. Therefore, the nonconforming parking status is for a shortage of five (5) spaces. The applicant is now proposing to occupy the existing building with a restaurant use with bar service. As part of the proposal, the applicant has provided a written 1 AUGUST 31, 2015 ITEM NO.: A (CON'T.) _ agreement for use of the parking lot at 4203 Asher Avenue. The property at 4203 Asher Avenue is located across Asher Avenue to the southeast, at the southwest corner of Asher Avenue and Lewis Street. The property contains a convenience store with gas pumps. There is paved parking for 16 to 18 vehicles on the site. There is no paved parking behind the building. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 23 on -site parking spaces for the proposed restaurant use. The property has a nonconforming status/credit for five (5) parking spaces. Therefore, 18 on -site parking spaces are required. As noted previously, there are two (2) paved parking spaces at the north end of the existing building. Therefore, the applicant is requesting a variance to utilize the existing building for a restaurant use with a reduced number of on -site parking spaces. Staff does not support the requested parking variance. Staff views the applicant's proposed plan for parking as unreasonable. The applicant is proposing to utilize the existing parking for the convenience store at 4203 Asher Avenue as the primary parking for his restaurant use. The convenience store is open and operating from 6:00 a.m. to 2:00 a.m. daily, and later on weekends (5:00 a.m.). Staff estimates the parking requirement for the convenience store to be approximately eight (8) spaces. Therefore, there are only eight (8) to ten (10) available spaces for use by the proposed restaurant. However, staff has great concern with the proposed plan to use the parking across Asher Avenue from the proposed restaurant use. Staff feels that this will create a life -safety issue. Asher Avenue is a major arterial roadway. Staff believes that it will be very unsafe for pedestrians to cross back and forth across Asher Avenue between the proposed restaurant and off -site parking area, especially at night after dark. Staff believes that there is not enough available parking in this general area to allow the commercial building at 4308 Asher Avenue to be converted to a restaurant -type use. Staff believes that the best use for the building would be a retail -type use with daytime hours. C. Staff Recommendation. - Staff recommends denial of the requested parking variance. BOARD OF ADJUSTMENT (June 29, 2015) Staff informed the Board that the applicant requested this application be deferred to the July 27, 2015 agenda in order to explore other parking options in the area. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the July 27, 2015 agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. 2 AUGUST 31, 2015 ITEM NO.: A (CON'T. BOARD OF ADJUSTMENT (July 27, 2015) Staff informed the Board that the applicant requested this application be deferred to the August 31, 2015 agenda in order to explore other parking options in the area. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the August 31, 2015 agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. BOARD OF ADJUSTMENT (August 31, 2015) The applicant was not present. The issue of deferral was discussed by the Board. Staff recommended deferral to the September 28, 2015 agenda. There was a motion to defer the application to the September 28, 2015, as the last deferral to be granted for this application. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred. SEPTEMBER 24, 2018 ITEM NO.: 1 File No.: Z-9046-A Owner/Applicant: Tracy L. Johnson Address: 4308 Asher Avenue Description: North side of Asher Avenue, between Peyton and Lewis Streets. Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow use of a building as a restaurant with reduced off-street parking. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Commercial Building Proposed Use of Property: Restaurant STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The C-3 zoned property located at 4308 Asher Avenue is occupied by a one-story commercial building. The property is located on the north side of Asher Avenue, east of Peyton Street. The existing commercial building has an area of approximately 2,327 square feet (25 feet by 93.1 feet). The commercial lot is 25 feet wide, with a depth of 146 feet. A small fenced asphalt area is located at the rear (north) of the building. This area will allow for the parking of the two (2) vehicles, with access from a paved alley which runs along the rear (north) property line. The property has a history of general retail -type use, with a nonconforming parking status. Past use of the property requires a minimum of seven (7) on -site parking spaces. Therefore, the nonconforming parking status is for a shortage of five (5) spaces. Tracy Johnson, the property owner/applicant, also owns the property two (2) doors to the west at 4314 Asher Avenue. This property contains a 3,700 square foot building which is occupied by a private club type use. The property contains 17 paved parking spaces. The club has hours of operation from 8:00 p.m. to 5:00 a.m. The applicant is proposing to occupy the existing building at 4308 Asher Avenue with a restaurant use. The applicant notes that the restaurant will be open from 10:00 a.m. to 9:00 p.m. The applicant also notes that restaurant seating will be SEPTEMBER 24, 2018 ITEM NO.: 2 (CON'T.) Z-9334-A limited, probably no more than about 24 seats. A large portion of the business will be carryout orders. As part of the proposal, the applicant plans to utilize the parking lot at 4314 Asher Avenue to serve the restaurant use. There will be a one (1) hour overlap in the hours of operation for the two (2) businesses, from 8:00 p.m. to 9:00 p.m. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 23 on - site parking spaces for the proposed restaurant use. The property has a nonconforming status/credit for five (5) parking spaces. Therefore, 18 on -site parking spaces are required. As noted previously, there are two (2) paved parking spaces at the north end of the existing building. Therefore, the applicant is requesting a variance to utilize the existing building for a restaurant use with a reduced number of on -site parking spaces. Staff does not support the requested parking variance, as filed. Staff's main objection is to the overlap in hours of operation for the two (2) businesses. Staff does not feel that there is sufficient off-street parking for the two (2) businesses to be open at the same time. Additionally, if the two (2) businesses are open at the same time, additional handicap parking may be required. If the applicant were willing to adjust the hours of operation for one (1) or both businesses so as to have no overlap, staff could support the parking variance. C. Staff Recommendation: Staff recommends denial of the requested parking variance. Board of Adjustment (September 24, 2018) Staff informed the Board that the applicant revised the application by adjusting the hours of operation for both businesses, so as to have no overlap in business hours. The proposed restaurant use at 4308 Asher Avenue will close at 8:30 p.m., and the Club use at 4314 Asher Avenue will not open until 8:30 p.m. Staff supported the application, as revised, with the following conditions: 1. The two (2) businesses at 4308 and 4314 Asher Avenue are to never be in operation at the same time. 2. The parking lot at 4314 Asher Avenue must always remain available for the restaurant use at 4308 Asher Avenue. The revised application was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes, 0 absent and 1 open position.