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HomeMy WebLinkAboutZ-9284-A Staff AnalysisFEBRUARY 25, 2019 ITEM NO.: 2 File No.: Owner: Applicant: Address: Description: Zoned: Z-9284-A Glynda Gibson Cedric and Tomerra Love 3910 Asher Avenue Northwest corner of Asher Avenue and S. Pine Street C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow use of an existing 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: 1. Public Works staff has no comments on the variance to Sec. 36-502. 2. South Pine Street is classified as a collector street on the Master Street Plan. Dedication of right-of-way thirty (30) feet (or to building frontage, whichever is less) from street centerline is required prior to approval of any building permits. 3. Asher Avenue is classified as a minor arterial street on the Master Street Plan. Dedication of right-of-way forty-five (45) feet (or to building frontage, whichever is less) from centerline will be required prior to approval of any building permits. 4. A twenty (20) foot radial (or to building frontage, whichever is less) dedication of right-of-way at the intersection of South Pine Street and Asher Avenue is required. Right-of-way dedication must be provided prior to approval of a certificate of occupancy. 5. With site development, boundary street improvements conforming to the Master Street Plan must be provided for South Pine Street and Asher Avenue. Boundary street improvements shall include, but not be limited to, reconstruction of one-half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk. All work FEBRUARY 25, 2019 ITEM NO.: 2 CON'T.) 9284 A within the public right-of-way shall conform to City of Little Rock Standard Details and ADA guidelines. Al C Landscape and Buffer Issues: 1. Site plan must comply with the Little Rock Zoning Ordinance and the City's minimal landscape and buffer ordinance requirements. Any new development shall adhere to the current landscape code. 2. Any existing vehicular use area that does not meet current code requirements may continue as nonconforming until such time a building permit is issued to rehabilitate a structure on the property exceeding fifty (50) percent of the current replacement cost of the structure. At such time fifty (50) percent of the existing vehicular use area shall be brought into compliance with current code and shall continue to full compliance on a graduated scale based upon the percentage of rehabilitation cost. 3. All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. Any trash receptacles or pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. 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. Staff Analysis: The C-3 zoned property at 3910 Asher Avenue is occupied by a commercial building which contains approximately 5,500 square feet of floor space. The property is located at the northwest corner of Asher Avenue and S. Pine Street. A 20 foot wide paved alley right-of-way is located along the rear (west) property line. Paved parking is located on the north and south sides of the commercial building. The site contains approximately 25 parking spaces. Driveways from Asher Avenue, S. Pine Street and the alley right-of-way serve as access to the property. The applicant proposes to utilize approximately 3,600 square feet of the commercial building as a restaurant. The remainder of the building will not be used. The applicant notes that the establishment will be a sit-down restaurant with carry -out service. There will be a small bar area that will also serve as a seating area for the restaurant. The applicant notes that the hours of operation will be as follows: Noon to 1:00 A.M. — Sunday 11:00 A.M. to Midnight — Monday through Thursday 11:00 A.M. to 2:00 A.M. — Friday through Saturday 2 FEBRUARY 25, 2019 ITEM NO.: 2 (CON'T.) 9284-A Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 36 off-street parking spaces to serve a 3,600 square foot restaurant use. Therefore, the applicant is requesting a variance to allow the restaurant with approximately 25 off-street parking spaces. The applicant has submitted a written lease agreement to lease the existing paved parking area on the west side of the alley right-of-way, immediately west of the subject property. The written lease agreement is with the property owner Allen Temple AME Church and runs from June 1, 2018 to June 30, 2019. The paved parking area on the west side of the alley can accommodate 24 to 30 vehicles. Staff is supportive of the requested parking variance. Staff views the request as reasonable, as long as the lease agreement is maintained to lease the paved parking area on the west side of the alley right-of-way. Staff feels that the existing on -site parking (25 spaces) is not enough to serve a restaurant use of the size proposed. Additionally, the existing parking areas on the site, as well as the extra parking area across the alley, will need to be measured and striped as per city code. In addition to maintaining the parking lease agreement, staff's support is based on the building being used as a sit-down restaurant and not an event center or private club. The building cannot be rented out for events (parties, receptions, etc.), nor can special events be held for an entry fee (concerts, stand-up comedy, etc.). Staff believes a restaurant use at this location, with the parking plan as proposed, will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested parking variance, subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs A. and B. of the staff report. 2. The lease agreement for the existing parking area on the west side of the alley right-of-way (Lots 6 and 7, Block 14, Butler's Addition) must be valid and maintained as long as the restaurant is in operation. If the lease agreement expires, the parking variance will become void and the restaurant use must cease operation. 3. The property shall not be used as an event center or private club use. The building shall not be rented out for any events. No events which require entry fee or cover charge shall be held at this location. Board of Adjustment (February 25, 2019) 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 staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes, 1 absent and 1 open position. 3