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Report: Approval of Temporary Land Use Permit #21-07 for Fat Mermaid Restaurant for 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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N/A - Report only.
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SUMMARY STATEMENT:
On April 16, 2021, 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 fourth 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 May 15th - October 1st of 2021.
When this type of temporary land use permit was first 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 need to be maintained in order to meet the ADA minimum clearance for accessible routes (see attached guidelines.) Staff recommends that approval of this temporary land use permit also requires Ms. Ables to meet the ADA minimum as a condition of issuance.
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 r...
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