Case Number:
A-16-168
Applicant:
Chris Conger
Owner:
Roy E. Leslie
Council District:|1010|Location:
106 Pershing Avenue
Legal Description:
Lot 17, 18, and 19, Block 1, NCB 6089
Zoning:
"C-3 UC-2 RIO-1 AHOD" General Commercial Broadway Urban Corridor River Improvement Overlay Airport Hazard Overlay District and "C-3 UC-2 RIO-1" General Commercial Broadway Urban Corridor River Improvement Overlay District
Case Manager:
Shepard Beamon, Senior Planner
Request
A request for 1) a 24 foot variance from the minimum 30 foot rear setback to allow a building addition 6 feet from the rear property line, as described in Section 35-510.01; 2) a request for the elimination of the Type C 15 foot rear and side bufferyard requirement, as described in Section 35-510.01, to allow no bufferyard; and 3) a 25 foot variance from the 30 foot side setback to allow an accessory structure to be five feet from the side setback, as described in 35-370(a)(8).
Executive Summary
The subject property is located at 106 Pershing Avenue, within the Mahncke Park neighborhood. The subject property is currently operating as a bar, which is permitted under the "C-3" zoning district. The new addition is used as an outdoor bar area and encroaches in the rear setback and bufferyard.
There is also an accessory structure, used to serve food, which encroaches in the side setback and bufferyard. Per the UDC, where accessory uses are permitted, the standards of the applicable base zoning district, as well as any overlay district on the property, shall apply including but not limited to setbacks, building heights, landscaping and other requirement. The Code goes on to say that within nonresidential districts, accessory structures, except for carports, are prohibited within the side and rear setback areas of lots adjacent to residential district. The property previous went before the Board to request a 10 foot fence along the rear and side, where the request was approved May 2016.
Subject Property Zoning/Land Use
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