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HomeMy WebLinkAboutZ-9170 Staff AnalysisSEPTEMBER 26, 2016 ITEM NO.: 6 File No.: Owner: Applicant: Address: Description_ Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: Z-9170 Adam and Amanda Day Adam Day 1201 S. Spring Street Southeast corner of S. Spring Street and W. 12th Street LL A variance is requested from the use provisions of Section 36-342.1 to allow a outdoor recreation/use area. The applicant's justification is presented in an attached letter. Vacant Commercial Building Beer Garden and Dog Park 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Due to the location of the building, a 10 foot radial dedication of right-of-way is required at the intersection of W. 12th St. and Spring St. 3. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements such as the fence along Spring St. located in the rig ht-of-way. B. Landscape and Buffer Issues: 1. Site plan must comply with the Little Rock Zoning Ordinance, sec. 36-342.1. UU Urban Use District and the City's minimal landscape and buffer ordinance requirements. 2. If building rehabilitation exceeds fifty percent (50%) of the replacement cost then the landscaping and buffer must also come into compliance accordingly. 3. In accordance with the UU zoning district street trees may be required if the project exceeds the fifty percent (50%) replacement costs. The trees shall be a minimum of three-inch caliper, located a minimum of two (2) feet off the back of a curb, placed thirty (30) feet on center and no closer than thirty (30) feet to a street intersection. A water source shall also be provided. The tree canopy shall be maintained at least eight (8) feet above the sidewalk. SEPTEMBER 26, 2016 ITEM NO.: 6 (CON'T.) 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The UU zoned property at 1201 S. Spring Street is occupied by a two-story masonry building. The property is located at the southeast corner of S. Spring Street and W. 12t" Street. The commercial building is located within the north half of the property. The south portion of the property is a grass -covered yard space. The applicant proposes to utilize the existing commercial building as a beer garden/bar. As part of the property's renovation, the applicant proposes to use the south portion of the property for an outdoor patio area and dog recreation area, as noted on the attached site plan. A wood patio area will be located at the southeast corner of the building, with a pergola structure located along the rear (east) property line. The remaining yard space -will be used as a dog recreation area. The applicant notes that the building's renovation would allow for a free flow of travel for both people and dogs between the interior and exterior spaces. Tentative hours of operation will be from 10:00 A.M. to 11:00 P.M., Tuesday through Sunday. Section 36-342.1(d)(1) of the City's Zoning Ordinance requires that all uses be inside or enclosed, except for outdoor seating areas, roof -top recreation areas, recreation areas for hotels and residences, and mobile canteen units. Therefore, the applicant is requesting a variance to allow the outdoor dog recreation area. Staff does not support the requested variance to allow the outdoor dog recreation use. Staff has concerns regarding the level of noise which could be generated by the outdoor uses, especially during evening hours. Although the property is not located in a residential area, there are residences a half block to the south/southeast. Other residences are located in close proximity, across W. 13th Street to the south. Staff believes that the level of noise which could potentially be generated by the proposed outdoor use will have an adverse impact on the nearby residential properties, as the proposed use will operate well into the evening hours six (6) nights per week. D. Staff Recommendation: Staff recommends denial of the requested variance to allow an outdoor use in the UU zoning district. SEPTEMBER 26, 2016 ITEM NO.: 6 (CON'T.) BOARD OF ADJUSTMENT (September 26, 2016) Adam Day and others were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Adam Day addressed the Board in support of the application. He noted that the type of use he proposed existed in other areas of the country. He explained that the use would be a good fit for the area. He discussed the surrounding uses. He noted that he had talked to the residential neighbors in the area and that none had an issue with the proposed use. He presented petitions of support to the Board. He noted that the hours of operation would be 10:00 A.M. to 10:00 P.M., Tuesday through Sunday. Carolyn Llindsey-Polk asked how tall the wall was along the east property line. Mr. Day noted five (5) to six (6) feet tall. Elizabeth Michael also addressed the Board in support. She explained that electronic bark deterrent would be used in the outdoor dog park area, which would help in lessening the noise generated by the use. She also noted that additional landscaping would be provided in the yard area. William Wooten and Page Wilson spoke in support of the application. They both explained that the use would be a good fit for the area. The hours of operation of City parks was briefly discussed. Chairman Yates asked about the City's noise ordinance. Debra Weldon, City Attorney, noted that the ordinance was enforced by the police department. Issues relating to operation of the use, including dog waste issues, was briefly discussed. Staff noted the amendment made to the application; hours of operation, dog bark deterrent and additional landscaping. Mr. Day noted that the additional landscaping would be along the east property line (east wall and pergola area). There was a motion to approve the application with the following amendments: 1. Hours of operation — 10:00 A.M. to 10:00 P.M. Tuesday— Sunday 2. Electronic dog bark deterrent will be utilized in the outdoor dog park area. 3. Landscaping will be installed along the east property line (east wall and pergola area). The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The amended application was approved.