January 18, 2011

A. SUMMARY

SP-10-53-10: A site plan for sidewalk dining for the Spoons Yogurt Restaurant to be located at 732 Massachusetts Street. Submitted by Ron Derusseau for DJC Holdings, LLC, property owners of record.

B. GENERAL INFORMATION

Current Zoning and Land Use:

CD (Downtown Commercial District); Eating & Drinking Establishment, Fast Order Food.

Surrounding Zoning and Land Use:

CD (Downtown Commercial District) in all directions; retail, office, eating and drinking establishments and residential uses.

Site Summary:
Building	2,300 Sq. Ft.
Proposed Sidewalk Dining Area:	107 Sq. Ft.
Off-Street Parking Required:	Not required in Downtown Commercial District.

Staff Recommendation: Staff recommends approval of SP-10-53-10 a site plan for sidewalk dining, subject to the following conditions:

1. Provision of an approved sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1202. This includes the submission of a copy of State of Kansas Food Services Establishment License.

2. Execution of an agreement with the City of Lawrence for use of the right-of-way per Chapter 6-12.

C. STAFF REVIEW

The applicant proposes to construct a 107 square-foot sidewalk dining area. The sidewalk dining area will extend outward from the west face of the building toward Massachusetts Street approximately 6 feet 2 inches and will be approximately 17 feet 4 inches long from north to south. The sidewalk dining area leaves an unobstructed clear space of 7 feet 4 inches on the Massachusetts Street sidewalk. The proposed outdoor seating area will accommodate four (4) tables that seat two (2), with outdoor seating available for up to 8 people. The area will be separated from the pedestrian sidewalk with a railing 32 inches high.

Historic Resources Commission

This property is listed as a contributing structure to Lawrence’s Downtown Historic District, National Register of Historic Places. It is located in the environs of the House Building (729-731 Massachusetts), Register of Historic Kansas Places and Lawrence Register of Historic Places as well as Miller’s Hall (723-725 Massachusetts), Lawrence Register of Historic Places. The Historic Resources Administrator administratively approved the proposed sidewalk dining site plan on 11/22/10. (DR-10-110-10)

D. Findings

Per Section 20-1305(j) staff shall first find that the following conditions have been met:

(1) The site plan shall contain only platted land;

The site is platted as; North ½ Lot 38, Massachusetts Street, of the original townsite.

(2) The site plan shall comply with all standards of the City Code, this Development Code and other adopted City policies and adopted neighborhood or area plans;

As conditioned, the site plan complies with all standards of the City Code and Development Code.

(3) The proposed use shall be allowed in the district in which it is located or be an allowed nonconforming use;

The subject property is zoned CD (Downtown Commercial) District. Eating & Drinking Establishments are permitted in this District.

(4) Vehicular ingress and egress to and from the site and circulation within the site shall provide for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well and shall also conform with adopted corridor or access management policies; and

No changes are proposed that would affect vehicular access to this property. No off-street parking is required or proposed with this project due to its location in the CD (Downtown Commercial) District.

(5) The site plan shall provide for the safe movement of pedestrians on the subject site.

More than six feet of unobstructed public sidewalk area (7’ 4”) is preserved along Massachusetts Street for safe pedestrian movement to and from the subject business with the addition of the outdoor seating area.