TEMPORARY USE PERMITTED UPON REVIEW

October 11, 2005

Consent Agenda

 

TUPR-10-31-05:  A Temporary Use Permitted Upon Review request for a patio sale at Jayhawk Bookstore, 1420 Crescent Rd. Submitted by William Muggy, property owner.

 

GENERAL INFORMATION

         Current Zoning and Land Use                         RS-2 (Single Family Residence) District; Bookstore (existing non-conforming use)

 

         Surrounding Zoning and Land Use                  RS-2 (Single Family Residence) District to the north and west; single family homes to the west, Greek Student Housing to the north.

 

                                                                           RD (Residence Dormitory) District to the east and south; University of Kansas property

 

STAFF REVIEW

The subject property is located on the northeast corner of the intersection of Crescent Rd., Jayhawk Blvd. and Naismith Dr. The property is developed with a bookstore and abuts the University of Kansas. The applicant proposes a 3 day patio sale to be held near the entrance on the south side of the store. There is a walled area in front of the store that will delineate the event area and separate it from the sidewalk. The event will not interfere with pedestrian traffic.

 

Section 20-1454.4(a)(9) of the City code permits administrative approval of requests for site planned properties in commercially or industrially zoned areas. The bookstore is located in a residentially zoned district and the property has not been site planned. Therefore it can not be administratively approved. Per Section 20-1454.5 of the Zoning Ordinance, the request is classified as a Temporary Use which is subject to City Commission approval.

 

Existing parking should be adequate since the event will not be held in the parking area and should attract primarily foot traffic.

 

The bookstore is a legal non-conforming use in the residential district. In Staff’s opinion, approval of this temporary use does not represent an expansion of the non-conforming use. Similar events have been held at this location in the past with no negative consequences.

 

Recommendation:       Planning Staff recommends approval of the Temporary Use Permit for a patio sale at Jayhawk Bookstore during regular business hours from October 20 through 22nd, 2005 subject to the following conditions:

 

  1. Temporary sign permit must be obtained from Neighborhood Resources Office, if temporary signs are used;

 

  1. If signs are displayed in conjunction with this use they shall comply with City sign regulations and shall not be located on public right of way.  Signs for this activity can only be displayed during hours of operation;

 

  1. The sale must be contained within the area delineated by the patio wall to prevent interference with pedestrian traffic.