SITE PLAN REVIEW
N-07-02-04/SP-05-33-04: Quinton’s, a site plan for an expansion of a non-conforming use for a new rear patio and 2nd story deck located at 615 Massachusetts Street. Submitted by Paul Werner Architects for Gary Adams, Terry Alan, and Steve Gaudreau; property owners of record.
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Current Zoning and Land Use: |
C-3 (Central Commercial District); existing restaurant |
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Surrounding Zoning and Land Use: |
C-3 (Central Commercial District) to the north, south, east and west; developed with commercial, office, parking lots and restaurant uses. |
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Site Summary: | |
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Gross Area: |
2837 Sq. Ft. |
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Existing Building Coverage: |
1728 Sq. Ft. |
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Proposed Deck |
612 Sq. Ft. |
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Off-Street Parking Required |
Not required in C-3 District |
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Off-Street Parking Provided: |
Not required in C-3 District |
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Staff Recommendation: Planning staff recommends (A) the City Commission grant the authority to enlarge the building devoted to a non-conforming use as the extension is necessary and incidental to the existing use of said building and the conditions set forth in section 20-1303 (Expansion of Non-Conforming Uses) are met; and (B) approval of the site plan for the expansion of the non-conforming use subject to the following conditions: 1. Compliance with the Historic Resources Commission conditions of approval: (a)The applicant provide detailed information on how the new construction will be attached to the historic structure; (b)the applicant work with the Architectural Review Committee to explore roof options and determine final roof selection; and (c) the applicant provide complete construction documents with material notations to be reviewed and approved by the Historic Resources Administrator prior to release of a building permit. 2. Execution of a site plan performance agreement per Section 20-1433. 3. Provision of a revised site plan to include the following changes: (a) Provision of a note on the face of the site plan indicating the Historic Resources Commission approval of DR-04-33-04 on May 20, 2004 subject to conditions (b) Correct dimension notations. (c) Show exiting utilities per Section 20-1431. (d) Correct Impervious Surface Table. (e) Identify material for sidewalk on east side of structure. (f) Identify dimensions of planters located on east side of structure. (g) Identify species of trees in landscaping notes. (h) Identify net square footage. (i) Provide lighting information including mounting height and fixture type. (j) Identify utility access and utility pole. (k) Correct general note 1.2 to specify use. (l) Identify all lines on plan with correct dimensions or notations. (m) Identify property lines. (n) Change the title block to include “Rear Patio/Deck Addition.”
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C. STAFF REVIEW
The applicant is proposing to remove the existing deck, stairs, and second story stoop and replace them with a new patio and second story deck. A new concrete wall will be the foundation for the lower level “patio” while the upper deck will be supported by square columns. The proposed new addition will be 30’11” X 25’6” on each level.
Non-Conforming Use
The existing business, Quinton’s, has been at this location since 1991. In 1994, the City Commission approved an ordinance (No. 6527) requiring licensed premises to derive from the sales of food consumption on the licensed premises not less than fifty-five percent (55%) of all the licensed premises’ gross receipts for a calendar year from sales of food and beverages on such premises. (20-1453) Because Quinton’s has been a licensed premise with a valid liquor license since 1991 and has not been required to report food sales in relation to the 55% rule, it is considered to be a non-conforming use created by the adoption of Ordinance 6527 and is subject to the non-conforming use provision of the Zoning Code (20-1307-1308). The addition of the second story deck will be an expansion of a non-conforming use.
20-1302. LIMITATIONS ON NON-CONFORMING USES.
(a) No non-conforming building, structure, or use of land shall be changed, extended, enlarged, or structurally altered unless:
(1) Such change is required by law or order; or,
(2) The use thereof is changed to a use permitted in the district in which such building or land is located; or,
(3) Authority is granted by the City Commission to change the use or occupancy, provided the commission finds the use is within the same or more restricted classification as the original non-conforming use and such change of use or occupancy will not tend to prolong and continue the non-conforming use; or,
(4) Authority is granted by the City Commission to enlarge or complete a building devoted to a non-conforming use where such extension is necessary and incidental to the existing use of such building and the conditions set forth in section 20-1303 (Expansion of Non-Conforming Uses) are met; or,
(5) Authority has been granted by the City Commission to extend a non-conforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use or building became non-conforming, if no structural alterations, except those required by law, are made therein. (Code 1979, 20-1002; Ord. 5034)
Finding: Section 20-1302 identifies the limitations on non-conforming uses and requires that no change or extension of the non-conforming use shall occur unless one of the five criteria is met. Sub section (a)(4) allows the City Commission to grant the authority to enlarge a building devoted to a non-conforming use “where such extension is necessary and incidental to the existing use” and if the conditions in section 20-1303 are met. The replacement of the existing rear patio with a new patio and second-story deck is incidental to the existing non-conforming use of the building.
20-1303. EXPANSION OF NON-CONFORMING USES.
Non-conforming uses of buildings and structures or non-conforming buildings, structures and their uses may be expanded according to the provisions of section 20-1302 (Limitations on Non-Conforming Uses) and under the terms of this section as follows:
(b) Non-conforming uses in non-residential areas when the use:
(1) Does not exceed 100 percent of the floor area of the original use;
(2) Does not intrude into a residential zoning district;
(3) Is such that the expansion does not exceed the setbacks or height limitations of the district; and,
(4) Provides for off-street parking and loading as required in sections 20-1211 and 20-1212. (Ord. 5034)
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1991 |
Quinton’s established |
2408 sq.ft. for restaurant and bar with first floor patio |
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2002 |
CC approved expansion to include 2nd floor |
1728 sq. ft. expansion for 2nd floor bar |
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2004 |
Proposal rebuilds 1st floor patio and adds 2nd floor deck |
612 sq. ft. expansion for new 2nd floor deck |
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Total Expansion 2340 sq. ft. = 97% of original use area |
Finding: The proposed expansion meets the provisions established in Section 20-1303. The existing licensed premise currently contains 4064 square feet of useable area (2408 square feet of original use area) and the proposed expansion contains 612 square feet of useable area. This is a total expansion of 2340 square feet (97%) of the floor area of the original use. The proposed use does not intrude into a residential zoning district, nor does it exceed the setbacks or height limitations of the district. No additional parking is required because the C-3 zoning district does not require off-street parking.
Historic Resources Commission Review
The subject property (615 Massachusetts Street: J.B. Shane/Thompson photographic Studio) is listed on the Lawrence Register of Historic Places and therefore is required to obtain a Certificate of Appropriateness for any proposed exterior improvements. The subject property also requires Certified Local Government Review because it is located in the environs of the Eldridge Hotel (701 Massachusetts), National Register of Historic Places, the United States Post Office (645 New Hampshire), National Register of Historic Places, and the Consolidated Barb Wire Building (546 New Hampshire), Kansas Register of Historic Places.
The applicant has submitted an application (DR-04-33-04) to the Historic Resources Commission for the proposed deck/patio addition. The Historic Resources Commission reviewed and approved the proposed project on May 20, 2004 with the following conditions: (a) the applicant provide detailed information on how the new construction will be attached to the historic structure; (b) the applicant work with the Architectural Review Committee to explore roof options and determine final roof selection; and (c) the applicant provide complete construction documents with material notations to be reviewed and approved by the Historic Resources Administrator prior to release of a building permit.
Downtown Conservation Overlay District
The subject property (615 Massachusetts Street) is located in the Downtown Urban Conservation Overlay District. The proposed site plan and exterior modifications meet the intent of the Downtown Design Guidelines.
D. Findings
Per Section 20-1432 staff shall first find that the following conditions have been met:
(a) That the proposed use is a permitted use in the district in which the property is located;
The subject property is located in the C-3 (Central Commercial) District. This district is designed to be the Central Business District or the downtown shopping and employment center for the community and surrounding trade area. The district is intended to provide space for retailing of all kinds, professional offices, financial institutions, amusement facilities, transient residential facilities, and limited wholesaling and warehousing. Restaurants are allowed in the C-3 District. The licensed premise use is an existing non-conforming use created in 1994 through the adoption of Ordinance No. 6527.
(b) That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;
The subject property is an existing restaurant and licensed premise use. This site plan does not propose any modification other than the rear two story deck improvement.
(c) That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;
There is no off site parking associated with this property. The site is designed as a pedestrian accessible business.
(d) That the site plan provides for the safe movement of pedestrians within the site;
Public sidewalks accommodate safe pedestrian movement between the public street and the commercial business.
(e) That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for buildings, structures, parking, or accessways shall be landscaped with a mixture of grass, trees and shrubs;
This condition does not apply to the submitted site plan, which is for the addition of a deck patio. There is no landscape requirement associated with this site plan for the C-3 District. Landscaping exists on the public right-of-way as part of the sidewalk facility.
(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;
No changes are proposed for the existing service currently located in the adjacent alley.
(g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.
No modifications or grading is required for proposed improvement.
E. CONCLUSION
During the review of the proposed site plan, staff noted several minor items that need to be clarified on the face of the site plan including labeling features and correcting general notes. These elements are reflected as conditions of approval.
The site plan for the expansion of a non-conforming use, as conditioned, is in conformance with the requirements of the Zoning Ordinance, Chapter 22 of the Code of the City of Lawrence and the Downtown Design Guidelines. Staff recommends approval of the proposed site plan for an expansion of a non-conforming use.
Review Comments from Other Departments/Agencies | |
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Public Works/Engineering: |
Reflect existing utilities. Show the property lines on the drawing. Insure that deck does not encroach into the alley. Correct dimension notations. |
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Stormwater Engineer: |
No Comment |
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Traffic Engineering: |
Agreement not to protest benefit district for street light improvements. |
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Municipal Utilities: |
No comment received |
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Neighborhood Resources: |
New deck is not clear on drawings. |
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Parks Department: |
No Comment |
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Sanitation Department: |
No Comment |
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Police Department: |
No Comment |
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Fire Department: |
No Comment |
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Westar Energy: |
Customer to be responsible for charges involved. |
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Aquila, Inc: |
No comment received |
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Southwestern Bell: |
No comment received |
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Sunflower Cablevision: |
Sunflower cable plant follows electrical lines and will also require conduit from utility pole to building. |
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Planning Department: |
1. Correct dimension notations. 2. Show exiting utilities per Section 20-1431. 3. Correct Impervious Surface Table. 4. Identify material for sidewalk on east side of structure. 5. Identify dimensions of planters located on east side of structure. 6. Identify species of trees in landscaping notes. 7. Identify net square footage. 8. Provide lighting information including mounting height and fixture type. 9. Identify utility access and utility pole. 10. Correct general note 1.2 to specify use. 11. Change title block to include “Rear Patio/Deck Addition.” 12. Identify property lines. 13. Identify all lines on plan with correct dimensions or notations. |