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34 Irby Avenue

Project Description: Applicant acknowledges property is out of compliance with existing code due to non-permitted construction of back patio which eliminated required parking from adjacent property owner which was designated in a previous SAP. Construction of patio also removed parking for the subject property that had been designated in a previous Special Exception. The removal of the previously designated parking has created a situation putting both properties in noncompliance due to parking requirements. Applicant states contractor used to construct patio bar represented that proper permits had been sought and applicant was unaware that it had not. Applicant presented shared parking agreements to address 34 Irby parking needs as well as parking agreement that provided parking for neighboring Animal Hospital. Applicant represented that resolution was satisfactory to both parties.

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Applicant: Dewayne Martin on behalf of Larry Martin, Park Bench

Proposed Development Address: 34 Irby Ave.

SAP#: SAP-12-138

Recommendation:

Committee determined that various actions are needed.

  • SAP for construction of patio (unless removal of the patio and reversion to the former parking lot)
  • SAP for off-site parking arrangement (unless removal of the patio and reversion to the former parking lot)
  • Possible Special use permit – nightclub (not the purview of the committee)
  • Possible Liquor License for additional bar (not the purview of the committee)

Due to concerns over the safety of the proposed parking (being located across the street where no crosswalks or sidewalks exist), the DRC recommends denial of the requested SAP for parking. It is the opinion of this committee, that the Park Bench owner’s actions have inappropriately forced a neighboring property into non-compliance and that the onus should be upon Park Bench to resolve the issue on behalf of both properties either via removal of the patio and reversion to the former parking lot or SAP meeting the full criteria of a shared parking arrangement both for the applicant and adjacent property.

Update #1 – 12.5.2012

Update #2 – 4.3.2013

Update #3 – 6.6.2013

Update #4 – 7.10.2013

Enclosure Amendment – 10.7.2013

Update #6 – 8.6.2014