CITY COMMISSION AGENDA ITEM

Department:	Planning & Development Services		Commission Meeting Date:  May 1, 2018
Staff Contact:	Katherine Weik, Planner I
Recommendations/Options/Action Requested:
Conduct a public hearing and approve an Expansion of Nonconforming Bar & Lounge use associated with a Site Plan (SP-18-00116) for Logie’s, located at 728 Massachusetts Street.  Submitted by TreanorHL for BWB2, Inc., property owner of record.
Executive Summary:		The applicant has submitted a Site Plan for the removal of a rear addition and construction of a new addition. The building addition will accommodate an accessible entrance, additional space for accessible restrooms, small kitchen expansion, storage and access for the upper units. The request proposes removing the existing raised outdoor patio area located adjacent to the alley to accommodate the new addition. The new addition will be approximately 3% larger than the existing footprint. The current use on the property is Bar & Lounge which is permitted in the Downtown Commercial District.  This property is also registered as a nonconforming Licensed Premise, existing prior to the adoption of Ordinance 6527 which required a minimum of 55% in food sales for this use in the district.   The project must have a public hearing and City Commission approval due to the expansion of space of a nonconforming use not deriving 55% sales from the sale of food as stated in Section 20-509(5)(i) of the Land Development Code. In the staff’s opinion, the expansion meets the requirements of 1502(b)(iii) for expansions that are necessary and incidental to the existing nonconforming use.  The use was established prior to the adoption of Ordinance 6527 which set forth a minimum of 55% food sales for the Bar & Lounge use in the CD (Commercial Downtown) District.  The proposed Site Plan (as discussed in the draft staff report) proposes a building expansion for accessibility at the rear of the building, accessible restrooms and kitchen/storage area.  The proposal does not expand the Bar & Lounge portion of the establishment. The proposed Site Plan has been reviewed for compliance with the Land Development Code and has been found to be in conformance with the Site Plan requirements and for an expansion of nonconforming use as shown in the findings listed in the staff report.  The project has also been reviewed by the Historic Resource Commission for compliance with the requirements in the Downtown Urban Conservation Overlay, State Law review and Certificate of Appropriateness review.  The rear addition and interior rehabilitation were approved at the April 19, 2018 Historic Resource Commission.  The front façade has been referred to the Architectural Review Committee to work on changes that will be determined once partial demolition has begun so that any historical materials on the front facade can be preserved if appropriate. The Site Plan can be administratively approved, subject to conditions, upon approval of the City Commission’s consideration of expanding the non-conforming use.
Strategic Plan Critical Success Factor		Economic Growth and Security
Fiscal Impact (Amount/Source):		The fiscal impact to the City is $0.00 Costs associated with the project are incurred by the developer.
Attachments:		Site Plan Draft Staff Report

Reviewed By: (for CMO use only)

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