ITEM TITLE:
Report: Issuance of Temporary Land Use Permit #24-03 for the Fat Mermaid Restaurant for 518 Square Feet of Public Right-of-Way Immediately Adjacent to Lot 1A, Block 39A, Harbor Subdivision
SUBMITTED BY: Nicole Chase, Planner
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Receive and file
SUMMARY STATEMENT:
The Fat Mermaid Restaurant applied for a temporary land use permit for seasonal outdoor seating adjacent to their restaurant at 143 North Harbor Drive. This is the sixth year they have pursued a permit of this type. Fat Mermaid requested use of a 518 square foot portion of public right-of-way for covered outdoor restaurant seating. The permit duration is May 14 - September 30, 2024.
When this permit was first processed in 2018, staff recommended compliance with the Americans with Disabilities Act (ADA) be a condition of the permit approval to allow all pedestrians an accessible route through the public right-of-way. There was debate at the time as to the required slope of the sidewalk for qualification as an accessible route as defined by the ADA. Through inspection of the site at the time, it was determined that the slope of the accent strip exceeded the 2% maximum slope mandated by the ADA, disqualifying it as an approved accessible route. As such, it was determined by staff that 36” distance of flat, clear sidewalk would need to be maintained to meet the ADA minimum clearance for accessible routes.
Per Ord. 24-01 VMC 17.04.120 (G) (1) Criterion 1: Use of the property under the permit shall not constitute a nuisance, substantially interfere with the use and enjoyment of adjacent property, or adversely impact public access or city operations. requirement to meet ADA compliance meets the intent of this provision.
In addition, per Ord. 24-01 VMC 17.04.120 (G) (6) Criterion 6: No permanent alteration of land shall occur. To satisfy this code requirement, all barricades for the permitted area are temporary and moveable, and no modification to the sidewalk will occur.
Staff submitted the temporary land use permit application to Capital Facilities, Public Works, and Ports and Harbor for their comments and received no objection to the permit.
Pursuant to Ord. 24-01 Valdez Municipal Code 17.04.120 (F)(1) Long-term permits may be approved by the Planning and Zoning Commission pursuant to Table 17.04.030.a. Long-term permit activities that reoccur on an annual basis may be renewed annually, with approval by the Planning Director, if the duration of the use exceeds one year, and may be renewed for a maximum of four years. After four years the reoccurring use must go through the full application and approval process. Minor changes to the original permit may be reviewed and approved by the Planning Director during the renewal process if the changes do not change the extent, intensity, or use approved in the original permit.
Temporary land use permit 24-03 was administratively authorized under this provision since the Planning and Zoning Commission authorized this use under temporary land use permit 23-06, with the conditions that the Fat Mermaid comply with all ADA guidelines, make no permanent alteration to the area, and obtain a building permit and required inspections for the proposed awning structure.
Fees for temporary land use permits of this type were established by City Council with Resolution #23-43 which states that “For temporary land use permits for areas that are less than two acres in size, the fee shall be a flat monthly rate of $311.00, or a pro-rated daily rate of $11 per day for those periods less than one month.” For the term requested the permit fee is $1,442.00.