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Home My WebLink About37. 18-307 MAY 22, 2018 18-307 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE VARIANCE REQUEST FOR SIDEWALK CAFE BY THE GRANARY 50 W. 6TH AVENUE TO PERMIT SIDEWALK CAFE TABLES AND BENCHES TO BE SECURELY STORED OUTSIDE, OVERNIGHT INITIATED BY: GRANARY BREW PUB, LLC WHEREAS, the applicant is requesting a variance request to the sidewalk cafe ordinance to permit sidewalk cafe tables and benches to be securely stored outside, overnight. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh finds that the variance request to Section 25-62 (E)(1)(e) of the Municipal Code will not be contrary to the public interest and literal enforcement of the provisions of the Sidewalk Cafe Ordinance will result in an unnecessary hardship and the variance be approved with the conditions as proposed. BE IT RESOLVED FURTHER RESOLVED by the Common Council of the City of Oshkosh that the variance request for a sidewalk cafe to permit sidewalk cafe tables and benches to be securely stored outside, overnight at 50 W. 61h Avenue, per the attached, is hereby approved with the following conditions: 1. Applicant to furnish details of wall connections as part of Encroachment Agreement. 2. Table ends need to have a bar installed across to make detectable per approval by the Department of Public Works. 3. Any damaged items shall be removed from the right of way immediately. 4. All items shall be maintained in good aesthetic appearance and be free from sharp edges or other hazards. 5. City has the right to terminate variance at any time. 6. Items may be removed by City, others or ordered removed temporarily to accommodate any allowed work within the right of way. 7. All items left overnight must be secured with a locking mechanism. 8. Items must be removed between November 1St and March 301h TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: May 16, 2018 RE: Approve Variance Request for Sidewalk Cafe by the Granary 50 W. 61h Avenue to Permit Sidewalk Cafe Tables and Benches to be Securely Stored Outside, Overnight (Staff Recommends Approval) BACKGROUND The Granary Restaurant is requesting a variance to Section 25-62 (E)(1)(e) requiring sidewalk cafes and tables to be vacated from the right-of-way by 10:00 pm. Specifically, the Granary is requesting to allow patio furniture issued under a Sidewalk Cafe permit to remain out overnight during the permitted time frame from April 1St to October 31St. The applicant is stating that the reason for the variance request is due to the unique furniture design that will be difficult to disassemble and store on a nightly basis and are requesting to secure the furniture to their wall overnight. ANALYSIS There are several unique factors about this request that distinguish it from sidewalk cafes in the N. Main Street environment. First, the sidewalk in this area is extra wide at 15 feet which even after placement of the tables leaves approximately 7 feet of clear pedestrian travel lane. Second, because the sidewalk is extra wide there is enough room to easily accommodate table placement at their retaining wall area versus the curb line and to the casual observer the tables would appear to be placed on private property. Third, the Granary property itself is extra wide at about 121 feet which permits placement of a large number of tables (7) that because of their solid design makes them more unwieldy to set up and take in nightly. Additionally, due to the nature of this property (three street frontages) and how it has been developed, there are no other practical areas where such seating could be installed on the private property. From a community development standpoint, the project creates active "street life" in an area where the city has been trying to promote revitalization. 611, Avenue in this area also will be part of the riverwalk system making this a destination and stop along that route once completed. All of these factors are unique enough that staff supports the variance request with the conditions as proposed in the resolution. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT Approval of the variance as requested should have no fiscal impact on city services nor require any extraordinary city services. Granting of the variance should also aid in revitalization of this area and hopefully promote additional development that adds to the overall property tax base. RECOMMENDATION Staff recommends Council find that the variance request to Section 25-62 (E)(1)(e) of the Municipal Code will not be contrary to the public interest and that due to the special circumstances as noted above, literal enforcement of the provisions of the Sidewalk Cafe Ordinance will result in unnecessary hardship and be approved with the conditions as proposed. Respe lly Submitted, Approved: cuter j�• Darryn Burich Mark A. Rohloff Director of Planning Services City Manager City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us t4; RE; GRANARY RESTAURANT SIDEWALK DINING VARIANCE REQUEST Dear City Council Members, Weare requesting a variance to allow the dining patio furniture to remain out overnight. We believe this is acceptable mostly because of several unique features to our site. The buildings are built to the property lines as is typical in many downtown properties, but what makes this property unique is that 6th avenue curb is nearly 1.5' from the property line and our site will also be serving the Riverwalk traffic. Given the unique site conditions, we designed and constructed a dining patio to take advantage of the space and provide a unique addition to the Riverwalk. We reconstructed the sidewalks to be 7'-8 wide, which is nearly T wider than standard to accommodate the Riverwalk traffic and we constructed a 7' wide concrete patio on an area that was formerly sloped lawn. The patio concrete was colored a darker gray and the patio was flanked with stairs to the east and a landscape. bed to the west to clearly define the dining patio space such that it would not be confused as sidewalk. We have designed custom furniture that will allow the most ideal seating. The furniture design will complement the architecture and will also be able to be securely fastened to the property. The unique furniture design will be difficult to disassemble and store on a nightly basis and given the unique site conditions we request a variance to allow the furniture to remain fastened to the wall overnight on a seasonal basis. In summary, we hope that you will allow this request to allow us to provide this amenity and better serve our patrons and the users of the Oshkosh Riverwalk. Thank you, Vol t IA� ccv� David Toman Owner and Managing Member Granary B`rewpub, LLC CWA �m, - .Zw 6 UJ LU - 0 2JCWA Archlloa LLC 0w;`7r� PROPOSED EXTERIOR DINING AND PLANTER PLAN PROPOSED FIRST FLOOR PLAN- RAMP OPTION 2 xrei..l.1..1Go 1, DrI.,%MAP,],,4 Cum,tllM4 GmnapAl d6_CA0l1 6 11j.Mq MAY 12, 201] REVISIONS: MAY 22, 201] MAY 31, 2017 J5LY 20, 2017 APR 80, 2018 aeanuueen 1.�idR C103 _ ��NNppII ® IINNIAIjI � IIIry'II 'I�ryIII0 MomRIR IInII '1 ,.• . r PROPOSED FIRST FLOOR PLAN- RAMP OPTION 2 xrei..l.1..1Go 1, DrI.,%MAP,],,4 Cum,tllM4 GmnapAl d6_CA0l1 6 11j.Mq MAY 12, 201] REVISIONS: MAY 22, 201] MAY 31, 2017 J5LY 20, 2017 APR 80, 2018 aeanuueen 1.�idR C103