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HomeMy WebLinkAboutZ-9448 Staff AnalysisAUGUST 26, 2019 ITEM NO.: 4 File No.: Z-9448 Owner: Ramacoop LLC Applicant: Lamor Williams Address: 610 Center Street Description: West side of Center Street, between W. 6th and W.7th Streets Zoned: UU Variance Requested: A variance is requested from the development criteria provisions of Section 36-342.1 to allow an area of outdoor dining in the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant and Bar Proposed Use of Property: Restaurant and Bar with Outdoor Dining STAFF REPORT A. Public Works Issues: Encroachments on the right-of-way are prohibited without a franchise agreement with the City of Little Rock Public works. The applicant must submit an application for a franchise permit to Public works. The application must include a detailed plan of the proposed construction, which should include the property boundary, all proposed improvements, and existing improvements within the right-of-way. Also, the total square footage of encroachment and the lease rate of the property per square foot must be provided. Contact Vince Floriani (501) 371-4817 for more information. 2. Franchise agreements must be approved by the City of Little Rock Board of Directors. Public works cannot recommend any building permits for the proposed encroachment until a franchise agreement has been issued. 3. With the proposed outdoor facilities, pedestrians will be forced to use sidewalk which includes several obstacles and does not conform to Americans with Disabilities Act Accessibility Guidelines (ADAAG) and City of Little Rock standards. With construction of the outdoor facilities, the adjacent sidewalk must be improved in conformance with ADAAG. AUGUST 26, 2019 ITEM NO.: 4 (CON'T.) Z-9448 B. Staff Analysis: The UU zoned property located at 610 Center Street is occupied by a two-story mixed use building. The property is located on the west side of Center Street, between W. 6th and W. 7th Streets. A restaurant with bar service (610 Bar and Grill) is located on the first floor of the building. Apartments are located on the second floor. As part of the restaurant use, the applicant is proposing an area of outdoor dining/seating within a portion of the sidewalk area, as noted on the attached site plan. The outdoor dining/seating will extend into the Center Street right-of-way approximately 6.67 feet from the front of the building. The outdoor dining/seating area will run approximately 28 feet along the front of the building. The outdoor dining/seating area will be enclosed with a three (3) foot high metal fence/railing. The outdoor area will have 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/seating in the public right-of-way. Staff views the request as reasonable. The proposed outdoor dining/seating use will not be out of character with the general area. Similar areas of outdoor dining/seating within the public right-of-way can be found throughout the downtown Little Rock area. The applicant will need to work with the Public Works Department to assure that ADAAG requirements are met with the remaining sidewalk area. Staff believes the proposed outdoor dining/seating 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 the Public Works requirements as noted in paragraph A. of the staff report. Board of Adjustment (August 26, 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 were 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 4 ayes, 0 noes and 1 absent. 2