ITEM TITLE:
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Approval of Temporary Land Use Permit #18-01 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: Kate Huber, Community Development Senior Planner
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
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Approve temporary land use permit #18-01 for Fat Mermaid Restaurant and Karen Ables for six months, for the 600 square feet area of the sidewalk, within the public right of way, directly in front of her restaurant on Lot 1A, Block 39A, Harbor Subdivision.
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SUMMARY STATEMENT:
On April 17, 2018, Karen Ables owner of the Fat Mermaid Restaurant, applied for a building permit for a temporary summer awning that allows her to expand table seating for her restaurant outside during the warmer months. She has received building permits for this same structure for the past two years.
As a part of the zoning review for the permit application, we must confirm that setback requirements are met. In the case of this parcel, zoned general commercial, per VMC 17.030.070, there are no setback requirements other than those required regarding fire walls and separation of buildings. That being said, through review it was clear that all or part of the temporary structure falls outside of the lot on which the restaurant sits and instead sits on the City of Valdez (COV) owned public right-of-way and sidewalk for North Harbor Drive. It is unclear why a zoning review was not completed for the past permit applications in 2016 & 2017.
After inquiring with Community Development Director, Rochelle Rollenhagen, regarding the approval of this structure, City Attorney, Jake Staser was consulted. Staser recommended that the applicant seek a temporary land use permit (TLUP) to account for the area of use that falls within the public right-of-way.
The use of the TLUP gives the Planning and Zo...
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