ITEM TITLE:
Report: Temporary Land Use Permit #19-02 for Karen Ables for Fat Mermaid Restaurant for Six Months on 600 Square Feet of Public Right of Way Immediately Adjacent to Lot 1A, Block 39A, Harbor Subdivision
SUBMITTED BY: Nicole LeRoy, Planning Technician
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Receive and file
SUMMARY STATEMENT:
On March 13, 2019, Karen Ables, owner of the Fat Mermaid Restaurant, applied for a temporary land use permit for seasonal outdoor seating adjacent to her restaurant at 143 North Harbor Drive. This is the second year Ms. Ables has pursued a permit of this type. Per her attached application, Ms. Ables has requested use of a 600 square foot portion of public right-of-way for outdoor restaurant seating. Ms. Ables requested the permit for the maximum allowable duration of six months, May through October 2019.
In spring 2018, Ms. Ables applied for a building permit to construct an outdoor seating awning attached to her restaurant. A zoning review conducted at the time revealed part of the proposed structure fell outside of the lot and projected onto City of Valdez owned public right-of-way. The solution developed by Planning Department Director, Rochelle Rollenhagen, former Planning Technician, Kate Huber, and City Attorney, Jake Staser, was to invite Ms. Ables to seek a temporary land use permit to account for the portion of outdoor seating which projected off the lot. Ms. Ables was issued a temporary land use permit for six months in June of 2018. Ms. Ables has historically utilized the area of sidewalk requested for outdoor seating seasonally for at least the past three years with various degrees of permitting completed. The Planning Department sent Ms. Ables a letter in late February 2019 inviting her to reapply for a temporary land use permit if she was interested in using the area for outdoor seating again this season.
When Ms. Ables’ temporary land use permit request was processed in 2018, staff recommended that 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, it was determined that the slope of the accent strip exceeded the 2% maximum slope mandated by the ADA, effectively disqualifying it as an approved accessible route. As such, it was determined by staff that 36” of flat, clear sidewalk would be needed to maintain the ADA minimum clearance for accessible routes (see attached guidelines.) Approval of this temporary land use permit will require Ms. Ables to meet the ADA minimum and should be a condition of the permit.
In addition, per Valdez Municipal Code 17.48.140, the permanent alteration of City property is prohibited under a permit of this type. To satisfy this code requirement, staff recommended that the temporary land use permit approval condition that all barricades for the permitted area be temporary and moveable.
Per Valdez Municipal Code 17.48.140 B 2e, temporary land use permit requests not to exceed six months in duration may only be granted by the Planning and Zoning Commission if the desired use is in conformance with the existing zoning and comprehensive plan. The area of public right-of-way requested by Ms. Ables is adjacent to 143 North Harbor Drive, zoned general commercial. The general commercial district permits a wide variety of commercial activities including eating and drinking establishments. This temporary improvement proposed by Ms. Ables is within the character of the district and is enjoyed by many community members. As such, staff recommended approval of temporary land use permit 19-02 with the conditions listed above.
Fees for temporary land use permits were established by City Council with Resolution #12-36. The resolution states that “for permits not exceeding two acres in size and for a period of six months or less, the fee shall be $250 per month.” For the six month period Ms. Ables has requested, a permit of this type will be $1,500.00.
On April 10, 2019 the Planning and Zoning Commission voted unanimously to approve temporary land use permit #19-02. Per VMC 17.48.140 B2k, the decision is reported to City Council. Only upon no objection from City Council will the permit become effective after which, staff will prepare a temporary land use permit using standard language approved by City attorneys and include any conditions required by the Commission (see attached draft.) If Ms. Ables is granted approval of temporary land use permit 19-02, she will need to apply for a building permit for construction of the awning structure and, once issued, schedule required inspections.
Staff recommended that the temporary land use permit request by Karen Ables and the Fat Mermaid Restaurant be approved with the following three conditions:
1. Ms. Ables be required to maintain 36” of flat, obstructed sidewalk to meet ADA compliance
2. Pursuant to Valdez Municipal Code 17.48.140, Ms. Ables shall make no permanent alteration to the area.
3. Ms. Ables shall obtain a building permit prior to construction of the temporary structure on the permitted site.