PC Minutes 4/25/07 DRAFT

ITEM NO. 7:              SPECIAL USE PERMIT FOR THE CASTLE TEA ROOM, 1307

                                    MASSACHUSETTS (SLD)

 

SUP-03-03-07: Special Use Permit for The Castle Tea Room.  Located at 1307 Massachusetts Street, approximately .4 acres, and 1313 Massachusetts Street, approximately .13 acres.  Submitted by CP & Associates Architects and Planners, for Libuse-Kritz Florito Historic Foundation, property owner of record.

 

STAFF PRESENTATION

Ms. Sandra Day presented the item. She pointed out an error in the Staff Report where it says the location can stay open until 12pm, it should be corrected to say 12am. Staff recommended approval.

 

APPLICANT PRESENTATION

Mr. Michael Cronwell, CP & Associates Architects & Planners, said that the location will continue the use of The Castle Tea Room in the same way that it was started for. There is a fund to continue the property in the way it was intended.

 

Craig Patterson provided a letter from Larry McElwain, owner of neighboring property, regarding the verbal parking agreement Mr. McElwain has had over the years with The Castle Tea Room. The letter gives permission to The Castle Tea Room patrons to use his parking lot.

 

Mr. Cronwell would like the formal request to record a parking agreement dropped from the conditions.

 

Commissioner Burress inquired if the applicant was asking for the Staff Report conditions 4a(iii) and 5 to be dropped.

 

Mr. Cronwell replied, yes.

 

Commissioner Haase asked if there was historical significance to the fountain that will be constructed.

 

Mr. Cronwell stated that the fountain was found in a historical photo. It was decided to incorporate the fountain as a historical legacy and to buffer between neighboring property and the outdoor patio.

 

Commissioner Harris inquired about the use of a tent and wondered if it would be present all the time or would it only be up when needed by guests.

 

Mr. Cronwell responded that there would not be a tent on a permanent basis, but can be used if a patron would like to use it.

 

Commissioner Finkeldei asked Mr. Cronwell if he was in agreement with the Historic Resources Commission conditions.

 

Mr. Cronwell stated, yes.

 

Commissioner Harkins felt that The Castle Tea Room was an asset to the community and thanked the Board for their efforts in the upkeep of the building.

 

Mr. Cronwell said that the Board had been very active in engaging the city in trying to resurrect the building.

 

Commissioner Erickson asked Ms. Day if she felt that the letter from Mr. McElwain was enough for the parking conditions.

 

Ms. Day stated that Staff would recommend a formal agreement to be recorded with the Register of Deeds.

 

Commissioner Burress questioned if a variance would not be required.

 

Ms. Day said that is correct, a variance was not required.

 

Commissioner Burress inquired about the consequences of parking not being available.

 

Ms. Day stated that the parking in the neighborhood was competitive.

 

Commissioner Lawson inquired about a formal agreement for parking and if Mr. McElwain would agree to that.

 

Ms. Day stated that the parking agreement would be similar to what was done for the parking of Krause Dining. A simple agreement recorded with the Register of Deeds.

 

Arthur (Tripp) Anderson, Castle Tea Room Board member, said that Mr. McElwain did not feel comfortable signing a formal parking agreement. He did not intend to sell his business but if he did he did not want there to be a tie to it.

 

Commissioner Burress inquired if the applicant would be willing to notify Staff if the parking arrangement changes and Staff could review and revisit if needed.

 

Ms. Day stated that Staff would be fine with that.

 

Commissioner Finkeldei asked if there was an informal parking agreement with Barber Emerson Law Firm.

 

Mr. Anderson replied, no.

 

Commissioner Harkins stated that the applicant does not own the property with parking and he did not feel that they could require Mr. McElwain to sign a parking agreement. He went on to say that the undocumented agreement already existed and had worked for many years.

 

PUBLIC HEARING

Lois Schnieder, property owner of several homes in the same block, was not opposed to The Castle Tea Room, but was concerned about the increasing parking problems in that area and would like the parking issue to be reviewed every 1-2 years. When Lilly ran The Castle Tea Room less people owned cars.

 

Mr. Anderson said that in preparing for this Planning Commission meeting the Board held public meetings/events at The Castle Tea Room and have had many people there to view the plans of The Castle Tea Room. He went on to say that there is always competition for on street parking and it may or may not be related to The Castle Tea Room. KU students and patrons of neighboring businesses use the street for parking as well.

 

Commissioner Burress asked if there was a condition for annual review of the SUP.

 

Ms. Day said that condition 3b stated that the property should be inspected annually by Neighborhood Resources. She also said that neighbors can call and report any problems.

 

Commissioner Jennings did not feel that a formal parking agreement was necessary.

 

Commissioner Burress thought that condition 5 of the Staff Report should state something similar to “SUP conditionally on informal parking agreement; if change occurs, Staff should evaluate the parking situation and determine if it should be reviewed by the Planning Commission.”

 

Ms. Day responded that if there was an issue to bring back to the Planning Commission that it certainly could be.

 

APPLICANT CLOSING COMMENTS

Applicant had no closing comments.

 

STAFF CLOSING COMMENTS

Staff had no closing comments.

 

COMMISSION DISCUSSION

Commissioner Jennings felt that Staff Report condition 5 should be removed completely.

 

Commissioner Burress said he would be comfortable with a “watered down” version of condition 5.

 

Motion by Commissioner Burress to approve the SUP and forward it to City Commission with language replaced by Staff on condition 5 that says the SUP is conditional on the informal parking agreement.

 

Commissioner Finkeldei motioned to strike condition 3c and modify 4a(iii).

 

Commissioner Eichhorn seconded the motion.

 

Commissioner Lawson questioned what would be accomplished by changing the parking condition 5.

 

Commissioner Burress stated that if the verbal parking agreement stops working then it would be The Castle Tea Room’s duty to tell Staff. It would provide some assurance of positive action if the parking becomes a problem.

 

Commissioner Haase stated that he would still vote for the SUP even if the parking was not available. He went on to say that the existing parking arrangement seemed to be working.

 

Commissioner Lawson amended the motion and remove condition 5 and strike references to a parking agreement.

 

Commissioner Harkins seconded the amended motion.

 

Commissioner Burress stated he would not support the SUP without the parking condition. He felt it was legitimate to ask for a parking condition.

 

Commissioner Harris suggested condition 3b be reworded to say the property shall be inspected annually for parking compliance.

 

Commissioner Haase stated he understood the issue of parking in the area, but at some point challenges with parking have to be accepted. He went on to say that there will always be parking challenges in student oriented areas but The Castle Tea Room was an asset and the community needed to hold onto it even if there was a parking price to pay.

 

Commissioner Burress motioned to amend the amendment to add Commissioner Harris’ suggestion of modifying condition 3b to say “property shall be inspected by City Staff for sufficient parking….”

 

Commissioner Harris seconded the motion.

 

Commissioner Jennings stated that the parking would not change in the area and he felt that people would be willing to walk a block or two to get to The Castle Tea Room.

 

Commissioner Haase was concerned about using language like “sufficient parking” because it might be defined differently by others.

 

ACTION

Motioned by Commissioner Burress, seconded by Commissioner Harris, to amend the amendment to modify condition 3b to include “property shall be inspected by City Staff for sufficient parking….”

 

Motion failed 4-6, with Commissioners Burress, Eichhorn, Harris, and Krebs in favor. Commissioners Erickson, Finkeldei, Haase, Harkins, Jennings, and Lawson voting in opposition. Student Commissioner Robb voted in favor.

 

Motioned by Commissioner Lawson, seconded by Commissioner Harkins to amend the motion and motion to remove condition 5 and strike references to a parking agreement.

 

Motion carried 9-1, with Commissioner Burress in opposition. Student Commissioner Robb voted in the affirmation.

 

Motioned by Commissioner Lawson, seconded by Commissioner Harkins to approve SUP-03-03-07, a Special Use Permit for an adaptive reuse located at 1313 Massachusetts Street, known as The Castle Tea Room and forward to the City Commission with a recommendation for approval, based upon the findings presented in the body of the staff report and subject to the following conditions and striking conditions 3c and 4a(iii):

 

1.      Execution of a site plan performance agreement.

2.      Completion of conditions of approval and release of a permit from the Historic Resources Administrator prior to the release of a site plan for the issuance of a building permit.

3.      Provision of a revised site plan to include the following notes:

a.      If the owner/operators of the adaptive reuse change in the future then a new Special Use Permit shall be required.

b.      Property shall be inspected annually by City Staff for compliance with the Special Use Permit.

c.      Note the Deed Book and Page reference of the executed off-street parking agreement on the face of the site plan.

d.      Activity shall conclude by 11:00 P.M. on weekdays and by 12:00 P.M. Friday and Saturday night.

e.      If night lighting is involved, it shall be shielded from adjacent properties and have cut-off’s to restrict upward escape of the light

f.       Outdoor tents shall not be allowed within 25’ of the public right-of-way.

4.      Provision of a revised site plan to include the following changes:

a.      Parking Summary:

                                                   i.      On site Parking 11 spaces including two 2 accessible spaces

                                                  ii.      On street parking 14 spaces

                                                 iii.      Shared Parking 16 spaces per agreement recorded at the Douglas County Register of Deeds Office _______ Book ________ Page.

b.      Show and label hitching posts along 13th Street on Sheet A-100

c.      Show detail of trash enclosure on face of site plan.

d.      Show dimensions of the patio area and the one car garage located at 1313 Massachusetts Street.

5.      Execution and recording of an off-street parking agreement with the Register of Deeds Office to include parking on an approved site planned property.

6.      Publication of an ordinance per section 20-1306 (j)

 

Motion unanimously approved 10-0, with Student Commissioner Robb voting in the affirmation.