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HomeMy WebLinkAboutZ-9225 Staff AnalysisJUNE 26, 2017 ITEM NO.: 7 File No.: Z-9225 Owner: 615 Main, LLC Applicant: Li Zhang and Rachelle Branca Address: 611 Main Street Description: East side of Main Street, between E. 6th and E. 7th Streets Zoned: UU Variance Requested: A variance is requested from the outdoor dining provisions of Section 36-342.1 to allow an outdoor dining area which extends into the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Mixed Use Building Proposed Use of Property: Restaurant with Outdoor Dining STAFF REPORT A. Public Works Issues: The latest Main St. Project shows the existing trees to be removed and replaced with 2 rain gardens. The outer edge of the railing should be modified to extend no more than 8 ft. 11 inches from the face of building and leave at least 3 ft. 9 inches of clear unobstructed pedestrian path between the railing and rain garden. B. Staff Analysis: The UU zoned property at 611 Main Street is occupied by a two-story brick and frame commercial building. The property is located on the east side of Main Street, between E. 6th and E. 7th Streets. A wide sidewalk area is located between the building and Main Street. A paved alley is located along the rear (east) property line. The Tree Fold Noodles restaurant will occupy a portion of the building's ground floor. As part of the restaurant occupancy an outdoor dining area is proposed in front of the building, within the sidewalk area. The outdoor dining area will be approximately nine (9) feet by 24 feet-5inches in size. The outdoor dining area will be on a five (5) inch high slab. It will be fenced with a 3.5 foot high decorative metal fence. The outdoor dining area will be located 5 feet — 7 inches back from an existing lamp post, 3 feet — 8 inches back from existing tree wells, and approximately 11 feet back from the curb line of Main Street. The seating area will accommodate approximately 14 seats. The inside portion of the restaurant will have 120 seats. JUNE 26, 2017 ITEM NO.: 7 (CON'T.) Z-9225 Section 36-342.1(d)(1)a.1. of the City's Zoning Ordinance states that areas of outdoor dining within the UU zoning district not be located in the public right-of-way. Therefore, the applicant is requesting a variance to allow the area of outdoor dining to be located in the public right-of-way. Staff is supportive of the requested variance to allow outdoor dining in the public right-of-way at this location. Staff views the request as reasonable. Staffs support is based on the fact that the applicant will revise the width of the outdoor dining space as required by Public Works, to be no more than 8 feet — 11 inches from the face of the building, leaving at least 3 feet — 9 inches between the railing and future rain gardens which will be constructed along Main Street in front of this building. Otherwise, the proposed area of outdoor dining will not be out of character with other outdoor dining areas within the Downtown area. Several other areas of outdoor dining exist along Main Street, as well as other areas in the general vicinity. Staff believes the proposed outdoor dining area within the public right-of-way will have no adverse impact on the surrounding properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variance to allow an outdoor dining area within the public right-of-way, subject to the following conditions: 1. Compliance with the Public Works requirement as noted in paragraph A. of the staff report. 2. A franchise permit must be obtained for the use of the right-of-way. BOARD OF ADJUSTMENT The applicant was present. There were no objectors present and a recommendation of approval as outlined in the "staff There was no further discussion. The item was placed on approved as recommended by the vote of 4 ayes, 0 noes and (June 26, 2017) Staff presented the item recommendation" above. the consent agenda and 1 absent. 2