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Report: Temporary Land Use Permit #22-03 for Fat Mermaid Restaurant for 518 Square Feet of Public Right-of-Way Immediately Adjacent to Lot 1A, Block 39A, Harbor Subdivision
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SUBMITTED BY: Nicole LeRoy, Planner
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 7, 2022, 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 fifth year Ms. Ables has pursued a permit of this type. Per her attached application, Ms. Ables has requested use of a 518 square foot portion of public right-of-way for outdoor restaurant seating. Ms. Ables requested the permit for May 1st - October 1st of 2022.
When this type of temporary land use permit was first processed in 2018, staff recommended 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 at the time, it was determined that the slope of the accent strip exceeded the 2% maximum slope mandated by the ADA, disqualifying it as an approved accessible route. As such, it was determined by staff that 36" distance of flat, clear sidewalk would need to be maintained in order to meet the ADA minimum clearance for accessible routes (see attached guidelines.) It should be noted that the permit area shown in the application site plan for this year extends out slightly further towards Wrangell Avenue than in prior years. The drawing submitted by Ms. Ables shows an 9' x 10' uncovered portion of public right-of-way to be utilized for outdoor seating on the corner of Wrangell Avenue and North Harbor Dri...
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