Title
Public hearing to consider the appeal of Mark Berhow, for Summit Hill Association; and McClay Alton Real Estate, LLC to a decision of the Board of Zoning Appeals approving a parking variance for seven off-street parking spaces in order for Cupcake Restaurant to obtain a wine and beer license at 949 Grand Avenue.
Body
The applicant, Kevin Vanderaa, applied for a parking variance for 7 off-street parking spaces in order to obtain a wine and beer license for the Cupcake Restaurant at 949 Grand Avenue. A public hearing was held on October 31, 2011. Both staff and the Summit Hill Association recommended denial of the variance. The BZA moved to continue the matter for 2 weeks (November 14th) to allow the applicant to prepare a parking study to be reviewed by the Department of Safety and Inspections (DSI). On November 14th, 2011, the BZA laid the matter over two more times to allow the applicant additional time to submit the requested parking study. On December 27, 2011, the BZA approved the requested parking variance subject to the following conditions:
1. The applicant must maintain a lease for the use of 6 parking spaces in the Anderson Cleaners parking lot located at 978 Grand/54 South Chatsworth. The terms of this lease must be substantially similar to the lease presented by the applicant at the public hearing. A copy of the lease in effect must be provided to the Department of Safety and Inspections which reserves the right from time to time to make inquires as to the terms and status of the lease.
2. The spaces in the existing parking lot behind the building at 949 Grand must not be used by employees of the restaurant, restaurant employees must use the Anderson parking.
3. The applicant must obtain a fence permit to install, and maintain, a fence along the west property line of 949 Grand in order to separate its existing parking lot from that of the adjacent property. The fence shall be installed after a site plan review approval by the department of safety and inspections.
4. The applicant must install bike racks in the front and rear of the property no later than June 1, 2012.
5. The applicant must provide signs in the Anderson Cleaner's parking lot to inform the public that customers for Cupcake can park there.
Required Background Information
The appellant, Mark Berhow for Summit Hill Association has provided a two page document detailing his grounds for appeal. That document is attached to this file.
Does this issue fall within the 60 day rule? No
If yes, when does the 60 days expire?
Has an extension been granted? Yes
If so, to what date? The applicant waived the statutory requirement for a decision on the application within the 120 day period.
Key Staff Contact
Yaya Diatta
651-266-9080