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File #: 19-0163    Version: 1
Type: Report Status: Filed
File created: 4/10/2019 In control: City Council
On agenda: 4/16/2019 Final action: 4/16/2019
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
Attachments: 1. Fat Mermaid Application TLUP 19-02, 2. Notice of Permission to Apply from Property Owner, 3. ADA Guide for Small Towns Accessible Route Excerpt, 4. Additional Comments, 5. DRAFT Temporary Land Use Permit Fat Mermaid
ITEM TITLE:
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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

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SUBMITTED BY: Nicole LeRoy, Planning Technician

FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A

RECOMMENDATION:
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Receive and file

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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' tem...

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