Loading...
HomeMy WebLinkAboutZ-9976 Action Letter Mr. Matt Gatto ____________________ File No: Z-9976 . 1251 Sadler East Dr.,Bldg. K, Suite 3200 Location: 5900 Dreher Lane . San Marcos, TX 78666 Issue: Variances for Parking, Dumpster Location, Rear Setback (Awnings) Date: April 18, 2024____ Dear _Mr. Gatto . This is to advise you that in connection with your application, File No. _Z-9971_, the following action was taken by the Board of Adjustment at its meeting on April 18, 2024_: ___X____ Approved the application as filed. Approved the application with conditions. ________ Denied the application. ________ Deferred the application to the ________ meeting. ________ Withdrew the application. ________ See attached Board of Adjustment minute record for conditions. ________ Other: ______________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted by the Board. Otherwise, the Board’s approval of the application shall be considered void. According to the City’s Zoning Ordinance Section 36-70: “Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of Adjustment.” If you have questions, please call me at (501) 371-6821. Sincerely, _____________________________________________ Romie G. Price, Plans Development Administrator RGP/aa _________________________________________________________________________ File No.: Z-9976 Owners: Ampler Development Applicant: Matthew Gatto, Kimley-Horn and Associates (Agent) Address: 5900 Dreher Lane Legal Description: Lot A and part of Lot B-R, Southwest City Commercial Subdivision, Little Rock, Arkansas Zoned: C-3 Present Use: Restaurant Proposed Use: Restaurant Variance(s) Requested: A variance is requested from the off-street parking regulations of Section 36-502(3)(c) to allow a decrease in parking in the C-3 zoning district.   A variance is requested from the general district restrictions regulations of Section 36-298(2) to allow the dumpster enclosure within the front setback in the C-3 zoning district.   A variance is requested from the general district restrictions regulations of Section 36-301(e)(3) to allow the building awnings within the rear setback in the C-3 zoning district.  Justification: The applicant’s justification is presented as per the cover letter. STAFF REPORT Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The C-3 zoned property is located at 5900 Dreher Lane and is an existing Burger King restaurant. The owner proposes to upgrade the site with a new Burger King restaurant with the requested variances. Section 36-502(b)(3)(c) states “Restaurants (and similar establishments serving food and beverages), 1.0 space for each one hundred (100) square feet of gross floor area.” Therefore, the applicant is requesting a variance to allow a reduction of parking spaces from the required 31 to 23. Section 36-298(2) states “Dumpsters and trash containment areas shall not be located within the front yard setback area or street side or exterior side yard setback area.” Therefore, the applicant is requesting to locate the dumpster enclosure as shown on the Site Plan which is at the rear of the site yet on the street side. Section 36-301(e)(3) states “There shall be a rear yard having a depth of not less than twenty-five (25) feet.” Therefore, the applicant is requesting a variance to allow 3’-3” of building awnings to be placed within the rear setback. Staff is supportive of the requested variances. Staff views the requests as reasonable. The requests are similar to development patterns in the area. Staff believes that the requested variance will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variance, subject to the descriptions and any conditions in the “staff analysis”. ______________________________________________________________________________ ITEM NO.: 13 FILE NO: Z-9976 BOARD OF ADJUSTMENT ACTION: April 18, 2024 The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested variances for parking space reduction, dumpster location, and rear yard setback a C-3 district per the staff report analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent.