34 Irby Avenue – Update #6

Project Description: Conversion of rear area of business, presently including ten parking spaces, into an outdoor patio.

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Applicant:  DeWayne Martin



The applicant failed to show up to the committee meeting for the second time, so the committee reviewed the materials presented which included; the SAP application, legal description of the property, plans for shared parking arrangements, plans for the covered patio space, elevations of the proposed covered patio space and copies of exclusive licenses for those locations proposed to be used for shared parking.

Based upon the information presented, the committee recommends denial of the application due to the fact that it is not in compliance with Section 16-18I.0235.b.II.5(c) which requires a valid parking agreement for off-site parking arrangements.

The City’s SAP Application Submission Requirements for Off-Site Parking Arrangements specifically requires such agreements to be executed by the property owner (Paragraph 2: Written notarized consent of the property owners agreeing to the shared parking agreement).  The agreements provided with the submittal are not executed by the property owner and, therefore, do not meet the requirements of the code.

DRC member Sally Silver recused herself from this case and was not present for this meeting.

It is the expectation of the SPI-9 Development Review Committee that all applicable code requirements and ordinances not otherwise addressed specifically in these recommendations are either satisfied or exceeded.