Variance 1229 – 1430 Country Manor Blvd – Side adjacent to Street – A variance from Section 27-309 requiring a side adjacent to street setback of 10 feet to allow a minimum side adjacent to street setback of 5 feet for the construction of an outdoor patio pergola on Lot 3, Block 1, Circle Fifty Subdivision, a 21,505 square foot parcel of land in a Community Commercial (CC) zone. The proposed pergola will provide shade on an existing 464 square foot patio on the east end of the multi-tenant building. Tax ID: A26426. Presented by Nicole Cromwell, Zoning Coordinator

 

Planning Staff is recommending conditional approval and adoption of the findings of the 7 criteria for Variance 1229.

OWNER: Dringle Family Partnership
AGENT: John Heenan
LEGAL DESCRIPTION: Circle Fifty Subdivision, Block 1, Lot 3
ADDRESS: 1430 Country Manor Boulevard
CURRENT ZONING: Community Commercial (CC)
EXISTING LAND USE: Multi-tenant retail building - Local Kitchen & Bar - tenant for application
PROPOSED USE: Pergola cover for existing outdoor patio
SIZE OF PARCEL: 21,505 square feet

None.

The subject property is zoned CC and has been in this zone since it's annexation to the city in April 1984. There are no variances of record in the Circle Fifty Subdivision but several special reviews (conditional uses) have been approved to locate liquor licenses, the veterinary clinic to the north of the subject property and for drive through services. In surrounding neighborhoods, several variances have been granted for setbacks, lot coverage limitations and building height. All of these variances were granted in residential areas. In 1996, the BOA granted a variance to the A+ RV and mini-storage business at 3209 & 3213 Grand Avenue to reduce the setback from a residential zone from 15 feet to 0 feet.

NORTH:	Zoning: CC Land Use: Veterinary Clinic
SOUTH:	Zoning: CC Land Use: Carbone's Pizzeria - Bottles and Shots Liquor Store
EAST:	Zoning: CC Land Use: Atlantis Casino and Red Door Lounge
WEST:	Zoning: CC Land Use: Shiloh Express Town Pump

This is an application to place a permanent structure - a pergola cover - over an existing outdoor patio on the east end of the multi-tenant building at 1430 Country Manor Boulevard. The existing patio is 5 feet from the back of the sidewalk and the proposed pergola will cover the patio and will also be within the required 20-foot front setback for this building. The legal advertisement referred to the "side adjacent to street" setback in Section 27-309 as the requested variance when in fact the variance is from the front setback requirement. The building is not oriented to face the street as the lot is long and has a narrow street property line of only 81 feet. The east/west orientation of the building infers the street side of the building be considered a side adjacent to the street. Section 27-309 requires a front building setback of 20 feet but allows a 4-foot projection into the setback for canopies. A canopy must be attached to a building and not be a self-supporting structure. The pergola structure is proposed as a self supporting structure, but it will not have a significant separation from the building wall. The pergola will be considered a part of the existing building due to the lack of separation.

There is an existing paved and fenced patio on the property that is within 5 feet of the back of the sidewalk on Country Manor Boulevard. The patio provides seasonal outdoor dining for patrons of the Local Kitchen & Bar restaurant. The restaurant has used temporary umbrellas although wind and weather hamper the consistent use of the area for patrons. The proposed pergola will provide a stable and more weather-proof solution for the restaurant. The property is fully developed and alternative locations for the outdoor patio are not feasible due to the physical limitations of the site.

The Planning Division has reviewed the application and is recommending conditional approval. The subject property has a physical hardship not applicable to other land in the same district. The lot is more than 4 times in length than width and the existing 8,800 square foot building is not oriented to the street. There has been at least one similar variance in the same area in a CC zone to reduce a setback and numerous residential setback variances have been granted in the surrounding neighborhoods. The patio and outdoor seating are existing uses in the street front setback on the property. The addition of a 464 square foot pergola over the existing patio will not be detrimental to the surrounding properties or neighborhood. The Planning Division staff is recommending several conditions to mitigate any potential impacts to the area.

Staff recommends conditional approval and adoption of the findings of the 7 criteria for Variance 1229.