The new owner of the Smor mobile food trailer desires to serve customers from the property at 628 Grand Avenue.  Because of the grade difference between Grand Avenue and the property there is no current driveway access to Grand and it is impractical to provide vehicular access to Grand Avenue unless the entire property is redeveloped.  The property is zoned Neighborhood Commercial.  There is an existing residential triplex on the property.  Although the entire half block fronting Grand between 6th & 7th Streets West is zoned Neighborhood Commercial, the existing property uses fronting Grand are residential, except for an office building at the southeast corner of 7th & Grand. 

Section 6-1203(r) of the Site Development ordinance prohibits customer access via the alley to commercial uses where the alley abuts a residential zone.  The property on the south side of the alley (fronting Alderson Avenue) is zoned residential.  The City has typically required alley paving in cases where a variance for alley access is approved.  This alley is already paved all the way from 6th Street West to 7th Street West. 

The new owner of the food trailer, Mr. William Jensen, has applied for a Type 2 Temporary Use permit under the Zoning Ordinance. A Type 2 permit is for seasonal use only. Renewal of the permit in the future can be denied if there are problems or complaints about the food trailer operations that are not satisfactorily addressed. Tatiana Heckles and Joseph Catron continue to own the property where the trailer will be parked, but will no longer own or operate the trailer itself.   The variance for alley access is attached to the lots, not to the specific food trailer or trailer owner/operator. 

The City Council may

• Approve the variance; or 
• Approve the variance with conditions; or
• Deny the variance

There is no financial impact to the City as a result of this variance.

Staff recommends that City Council approve the variance allowing customer access to a commercial use abutting a residential zone subject to the following conditions:

• The variance is for a mobile food trailer or cart only, and shall not be extended to any other commercial use of the lot
• Adequate parking outside of the public right-of-way shall be provided for customers using the mobile food court plus parking for the existing triplex living units
• Direct food service to customers will not be provided at this location between the hours of 8:00 pm and 8:00 am