ITEM TITLE:
Report: Issuance of Temporary Land Use Permit 24-04 for the Roadside Potatohead Too, LLC for Six Months on 369 Square Feet of Public Right-of-Way Immediately Adjacent to Lot 12, Block 40, 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:
Community Development staff received temporary land use permit application 24-04 from the Roadside Potatohead Too, LLC for a 369 square foot portion of public right-of-way adjacent to Lot 12, Block 40, Harbor Subdivision. The permit is for temporary outdoor restaurant seating for May 1, 2024 through September 30, 2024.
This area has been utilized by the Potatohead for outdoor restaurant seating for the past few years. In 2018, staff assessed the area by measuring thirty and fifty feet from the center lines of Chitina and Harbor Drives which revealed three picnic tables at the Potatohead sit partially in the public right-of-way off Chitina Drive.
The City Public Works Director, Capital Facilities Director and Assistant City Manager, and Ports and Harbor Director were solicited for comments on the application and had no objections.
The public sidewalk remains unobstructed under this permit, and no permanent alteration of the land shall occur.
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 24-04 was administratively authorized under this provision since the Planning and Zoning Commission authorized this use under temporary land use permit 23-09 last year.
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 $1,555,00.