TEMPORARY USE PERMITTED UPON REVIEW

May 23, 2006

Consent Agenda

 

TUPR-05-16-06:  A Temporary Use Permitted upon Review request for an acoustic concert on the patio for Dunn Bros Coffee’s Grand Opening. Submitted by Eric Schmidt, Manager of Dunn Bros Coffee, with permission of property owner.

 

GENERAL INFORMATION

Current Zoning and Land Use:        

C-5 (Limited Commercial) District; coffee shop.

 

Surrounding Zoning and Land Use:

C-5 (Limited Commercial) District to the east, west and south; restaurants to the west and south, retail store to the east.

 

 

RS-2 (Single-family Residence) District. Established residential neighborhood.

                       

STAFF REVIEW

The subject property is located on the north side of 23rd Street, to the east of Ousdahl Street. The property is developed with a coffee shop and drive-through facility. The proposed event will take place on Friday, June 2nd from 7:00-9:00 PM. The concert will be an acoustic concert and will be located on the patio area. The event will not be located within 25’ of public right-of-way and no tents or canopies are planned for this event.  The applicant has been informed that applications for a temporary sign permit must be submitted to the Neighborhood Resources Department if temporary signs are to be used. 

 

Per Section 20-1454.2 of the Zoning Ordinance, the request is classified as a Type 2 Temporary Use – Promotional activities intended to attract attention to a specific place, business, organization, event or district, such as outdoor entertainment or display booths Type 2 Special Events may be administratively approved by the Director of Planning, if all of the conditions in 20-1454.4 are adequately addressed.  In Staff's opinion, all conditions outlined in 20-1454.4 have not been addressed.  Per Section 20-1454.4(a)(3) administrative approval is not permitted of properties that do not provide parking in excess of that required by the zoning ordinance to support the principal use(s) of the property.  The property has an approved site plan [SP-01-05-06] which was administratively approved in February, 2006. 27 parking spaces were required by Code and 27 were provided on the site plan. There is no excess parking, so the temporary use permit request can not be approved administratively.

 

Per Section 20-1454.5 of the Zoning Ordinance, the request is classified as a Temporary Use which is subject to City Commission approval. In staff’s opinion, all conditions outlined in 20-1454.5 have been addressed.   

 

Recommendation:   Planning Staff recommends approval of the Temporary Use Permit for an acoustic concert to be held on the patio at Dunn’s Bros Coffee, 1618 W 23rd Street from 7PM to 9PM on Friday, June 2nd subject to the following conditions:

 

  1. Signs displayed in conjunction with this use 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; and

 

  1. Obtain temporary sign permit from Neighborhood Resources office if temporary signs are used.