08-101 - Laserfiche WebLink

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The outdoor dining area shall be fenced and landscaped in a manner to provide a physical buffer between public rights-of-way, sidewalks, and trails. The buffer shall be sufficient to provide adequate growth area for planting materials as determined by the City Forester. The outdoor dining area shall be attached to the principal building and primary access shall be provided from within the principal building. The length of the outdoor dining area shall not exceed 60% of the length of the principal building to which the outdoor dining area is attached. Fence heights shall comply with Zoning Code Section 5-550. Fence materials shall be decorative and low maintenance. Chain link fences, chicken wire, barbed wire or similar types of livestock fencing are not permitted. The design of the patio area and all required fencing and landscaping shall be such that sight lines in and out of existing or proposed access points are not obstructed. 2. Temporary structures shall not be allowed within the outdoor dining area. Banners, streamers or other types of permanent or temporary signs shall not be placed or displayed in outdoor dining areas. The patio does not take on characteristics of a building having a roof and/or walls. The City Council may impose additional conditions as deemed necessary to protect the public health, safety and welfare. 9. a Planning Commission and City Council determined the proposed outdoor dining area All comply with the proposed special use conditions of Section 5-240 (15). 10. 1 he Planning Commission and City Council considered the proposal in accordance with the flowing special use standards of Section 8-130: That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. 11. a Planning Commission and City Council determined the special use criteria of Section 8- 0 have been met. 12. ie Planning Commission and City Council determined that with approval the code ii endment impacting Section 5-240 (15), the requested Variance is no longer necessary. NowT HEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for Site Plan (LP2008-006) and Special Use Permit (SP2008-018) are hereby approved, subject the following conditions: 1.ty Council adoption of the Code Amendment for Zoning Code Section 5-240 (15) owing for a front yard encroachment of 15' for outdoor dining areas. 2. a applicant withdraws the request for a Variance, in writing, prior to expiration of the tended 60 -day review period on December 25, 2008 or prior to issuance of a building permit for the patio, whichever date comes first. 3. Tne fence surrounding the proposed patio does not exceed a height of 3 '/2 feet and erwise complies with Zoning Code Sections 5-550 and 5-240 (15) (e). 4. Ittimary access to the patio must be from within the building.