HomeMy WebLinkAboutZ-9141 Staff AnalysisMAY 23, 2016
ITEM NO.: 7
File No.: Z-9141
Owner: Dundee Holding Co., LLC
Applicant: Greg R. Peckham
Address: 306 Main Street
Description: West side of Main Street, between W. V and W. 4t" Streets
Zoned: UU
Variance Requested: A variance is requested from the use provisions of Section
36-342.1 to allow an area of outdoor dining which extends
into the public right-of-way.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Restaurant
STAFF REPORT
A. Public Works Issues:
1. A franchise permit must be obtained from Public Works for the placement of
private infrastructure within the public right-of-way. The franchise permit shall
include, in addition to the concrete slab, the chairs, tables, awnings, and railing.
The franchise application has been submitted to Public Works and is in the
process of review.
2. A franchise agreement must be obtained from the City of Little Rock's Board of
Directors. This agreement will detail the annual franchise fee and other specific
conditions. Contact Shawn Overton at 501-371-4717 for additional information.
B. Staff Analysis:
The UU zoned property at 306 Main Street is occupied by a two-story
office/commercial building. The property is located on the west side of Main Street
between W. 3rd and W. 4tn Streets. The first floor of the building is being remodeled
for a new restaurant use. Construction on the Main Street roadway was recently
completed between W. 3rd and 4th 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 7'-3" from the front property
line. The outdoor dining area will run approximately 20 feet along the front of the
MAY 23, 2016
ITEM NO.: 7 (CON'T.
building. The outdoor dining area will be enclosed with a three (3) foot high metal
fence/railing with fabric infill panels. The area will allow for approximately 12 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 construction.
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 Public Works requirements as noted in paragraph A. of the staff
report.
BOARD OF ADJUSTMENT
(May 23, 2016)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 4 ayes, 0 noes and 1 absent.
1A