Board of Zoning Adjustments Staff Report Monthly Meeting Monday, June 13, 2016

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1 Board of Zoning Adjustments Staff Report Monthly Meeting Monday, June 13, 2016 Docket Number: Prepared by: Nicolette P. Jones Applicant or Agent: Henry Hanisee, Aaron Motwani, Joseph J. Paciera Property Location: 336 Decatur Street Zip: Bounding Streets: Decatur St., Conti St., N. Peters St., & Bienville St. Zoning District: VCE-1 Vieux Carré Entertainment District Compliant Overlay District: N/A Historic District: Vieux Carré Planning District: 1b Existing Use: Vacant Lot Square Number: 8 Proposed Use: Restaurant, Standard Lot Number: 11, 12, & 13 Request Citation: This request is for a variance from the provisions of Article 10, Section 10.3.A. (Table 10-2) of the Comprehensive Zoning Ordinance. Request: This request is to permit the construction of a restaurant with insufficient open space. Requested Waiver: Article & Section Permitted Provided Waiver Article 10, 10.3.A (Table 10-2) - Open Space Ratio 0.2 (544 sq. ft.) 0.0 (0 sq. ft.) 0.2 (544 sq. ft.) Project Description: Figure 1. Subject property The subject site consists of three lots, Lots 11, 12, and 13, situated at the corner of a trapezoidshaped municipal square in the Vieux Carré, and therefore fronts three streets including Decatur, Conti and N. Peters Streets. The site is located within a VCE-1 Vieux Carré Entertainment District. The parcel has a total area of 2,722 square feet of site area with approximately 44 feet of frontage along N. Peters Street, 57 feet 4 inches of frontage along Conti Street, and 42 feet 2 inches of frontage along Decatur Street. The parcel measures 69 feet 8 inches in depth along the Bienville Street side property line. There are no minimum lot size requirements for non- 1 BZA

2 residential uses in the VCE-1 District. Lot 12, which is located at the very corner of the parcel, is vacant and currently used for surface parking, and Lots 11 and 13 are developed with a small two-story masonry building which was originally constructed as part of an automobile service station. A large billboard is attached to the roof of the service station building. As seen in historic photos, the service station also included a canopy which covered the majority of the site, but this improvement has since been demolished. Historic Sanborn maps from the late 19 th century show that the site was previously developed with two, 4-story structures which housed various commercial uses including a saloon and a broom making company. Figure 2. Historic photos show previous use of existing structure as service station. Photo taken from corner of Conti and Decatur Streets. The applicant is proposing the demolition of the existing developments at the site and the redevelopment of the site with a four-story structure with a rooftop terrace which would house a single restaurant use, the Margaritaville restaurant chain, on all floors. According to plans submitted by the applicant, the proposed restaurant building would be built across the entire parcel, to the Bienville Street side property line and to all three of its front property lines. 1 Per Article 10, Section 10.3.A (Table 10-2 Bulk & Yard Regulations), there are no minimum yard requirements for Historic Core Neighborhood Non-Residential Districts. It would consist of four stories and measure 50 feet in height from grade to the top of the parapet roof. The maximum height permitted in the VCE-1 District is 50 feet; therefore, the proposal would meet this requirement. 2 In total, the gross floor area of the restaurant would measure approximately 13,500 square feet. There are no maximum FAR or maximum total floor area requirements in the VCE-1 District. The floor plans indicate that the first and second floors of the proposed restaurant building would be used for seated dining, while the third floor would be reserved for the kitchen and public restrooms. The building would also include a triple gallery that would run the entire perimeter of building s street frontage. The floor plans show multiple means of access to the galleries on the second and third floors, but do not indicate seating plans or how these areas will be used. 3 The elevations show the inclusion of a projecting sign from top of the ground floor gallery over hang. No other 1 Prior to the issuance of a building permit, the applicant would be required to resubdivide the three existing lots into one lot in order to comply with the building code. 2 However, per Article 10, Section 10.3.B, buildings of a lesser height than that permitted in Table 10-2 may be required by the Vieux Carré Commission. 3 Development of the gallery would necessitate the approval of a lease of servitude from the Department of Property Management, Office of Real Estate and Records. 2 BZA

3 signage proposal has been submitted. The fourth floor would include another public restroom and mechanical equipment facilities. It would also be partially open onto a rooftop terrace where a holding bar, oyster bar, and lounge and counter seating would be located. Per Article 10, Section 10.3.A (Table 10-2 Bulk & Yard Regulations), a corner lot is required to provide a minimum open space ratio of 20 percent of the lot area; therefore, the applicant would be required to provide at least 544 square feet of open space at the site which is 20 percent of 2,722 square feet. It should be noted that by definition open space is required to be open and unobstructed from grade level upward, and so the proposed gallery and terrace space would not count toward meeting the requirement. Because the structure would be built to all lot lines and provide no open space, the proposal necessitates a waiver of 544 square feet of the requirement. 4 A standard restaurant is a permitted use within the VCE-1 District; however, restaurants are subject to special uses standards outlined within Article 20, Section 20.3.ZZ of the Comprehensive Zoning Ordinance. Most of the standards outline operational requirements such as noise abatement, security and operations requirements, standards related to live entertainment, and the prohibition of retail sales of packaged alcoholic beverages for consumption off premises, to name a few. The use standards also allow for the provision of a holding bar, but the holding bar cannot exceed 15 percent of the floor area of the public seating area of the restaurant, up to a maximum area of 300 square feet. The applicant proposes to develop a holding bar on the fourth floor of the restaurant which would measure approximately 156 square feet. This standard would be met as the proposed holding bar is less than 15 percent of the restaurant s seating area, which the staff measured to be approximately 8,135 square feet. 5 The proposal includes no provision of off-street parking or off-street loading. Per Article 22, Section 22.5.A.1 and Section 22.7.C of the Comprehensive Zoning Ordinance, all Vieux Carré Districts are exempt from these requirements. Comments from Vieux Carré Commission: Since the site is located within the historic Vieux Carré, the proposed demolition and new development are subject to the review and approval by the Vieux Carré Commission (VCC). 6 The proposal was recently reviewed by the Architectural Committee of the Vieux Carré Commission (VCC) at their May 24, 2016 meeting. The Architectural Committee members expressed several concerns related to the proposed design of the structure and the incorporation of an open roof terrace. The Committee ultimately moved to defer the application until a decision had been made by the Board of Zoning Adjustments regarding the waiver of open space. The members also recommended that the applicant consider a redesign of the fourth floor and produce better detailing of the proposal in advance of the next meeting. 4 In 2013, the Board of Zoning Adjustments granted approval of the same waiver, 100% of the minimum open space ratio, for the same property at 336 Decatur Street, which was requested for the development of a coffee stand. The development proposal did not come to fruition and the waiver has since expired. See BZA Docket The staff notified the applicant that any variances of the holding bar requirements would require approval of a conditional use by the City Council per Article 20, Section 20.3.ZZ.12(c). 6 The existing building on Lots 11 and 13 is rated as a yellow building by the VCC, meaning it contributes to the character of the district. 3 BZA

4 Surrounding Development The subject site is located in the upper part of the Vieux Carré in a relatively small VCE-1 Vieux Carré Entertainment District that covers an area of approximately three full size city squares between Decatur and N. Peters Streets. It also covers those properties with frontage on Decatur Street between Iberville and Conti Streets. The district is densely developed with historic brick masonry buildings or townhouses ranging in height from 3 to 5 stories, most of which date from the early to mid-19 th Century. Historic Sanborn maps indicate that these have structures housed several commercial and industrial uses, which is plausible considering their adjacency to the Mississippi River where port operations occurred. Today, the majority of buildings in the area are still used for commercial purposes, especially at their ground floors. Upper floors of buildings in the area also include commercial uses as well as residential units. The staff noted that several buildings upper floors are left vacant and unused. The intent of the VCE-1 District is to provide for entertainment places and restricted retail stores along Decatur and N. Peters Streets that attract and serve visitors and local residents. The staff noted several retail uses and restaurants in the area, as well as the Bienville Hotel which is located on the subject square, and the House of Blues music venue which is located one block away from the petitioned site on Decatur Street. The petitioned property is directly adjacent to a candy store, and across Conti Street from the Bienville Place park which is zoned VCP Vieux Carré Park District. Across N. Peters Street from the site, towards the river, is a large parking lot developed across the entire square. This area along the riverside of N. Peters Street is zoned VCS-1 Vieux Carré Service District. Figure 3. Aerial imagery shows the dense development pattern of the VCE-1 District between N. Peters and Decatur Streets. Most structures range from 3-5 stories in height, and are built across all lot lines providing no open space. Exceptions in the image include the Central Fire Station and the Bienville Hotel. 4 BZA

5 Structures in the VCE-1 District are generally built across all of their respective lots, providing minimal to no open space and creating uninterrupted street frontages stimulating pedestrian activity. When and if provided, open space is usually in a form of common alleys or interior courtyards. The staff noted that on the subject square, the Bienville Hotel appears to provide an interior courtyard which may comply with the open space requirements of the zoning ordinance, though it cannot be confirmed by aerial imagery. A structure at the 400 block of Bienville Street within the subject square also appears to provide a Figure Sanborn shows footprint of former buildings developed at site. small interior courtyard. The remaining five buildings on the subject lot provide no open space on site. Figure 3 on the previous page demonstrates this pattern throughout the district. Most of the development in the area occurred prior to 1929, before the City adopted its first zoning ordinance and before the automobile was adopted as a primary means of transportation. Because of this, the developments are linked closely together facilitating both pedestrian travel and well as the distribution of municipal services. Historic Sanborns show that the two former four-story structures at the site were similarly developed across the entire lot, appearing to provide no open space. Impact and Analysis According to the Comprehensive Zoning Ordinance, the Board of Zoning Adjustments must consider the following criteria in order to determine what impact the requested variance would have on adjacent properties if it were approved. The procedure affords an applicant relief from the strict requirements of the zoning law when unnecessary hardship or practical difficulty exists. 1. Do special conditions and circumstances exist which are peculiar to the land, structure, or building involved which are not applicable to other lands, structures, or buildings in the same zoning district? Yes. The petitioned site is located at the narrowest tip of a trapezoidal municipal square, causing it to be an irregularly shaped corner parcel with frontage on three streets and lacking a rear yard. Because of its position, the site is substantially smaller than most rectangular parcels in the Vieux Carré. The provision of open space would have a major 5 BZA

6 impact on the buildable, preventing the viability of commercial development at this site which has been vacant for several years. The inherit lack of depth of the parcel would further diminish the development of back of house spaces, such as elevators, stairways, restrooms, and kitchen, which would need to be relocated toward the street to allow for the required open space. An additional special condition is the site s location within the historic Vieux Carré where it is very common, especially among the adjacent properties within the VCE-1 District, for structures to be built across most of their respective lots providing minimal to no open space. Open space, if provided, is generally provided in a rear courtyard or by means of an alleyway. Because the site lacks a rear yard due to its position on the square, a similar arrangement of open space would not be possible. Furthermore, the two previous fourstory developments at the site, as evidenced by historic Sanborn maps, were built across the entire site providing no open space. 2. Will the literal interpretation of the provisions of the ordinance deprive the applicant of rights commonly enjoyed by other properties in the same district? Yes. Literal interpretation of the ordinance would deprive the applicant of rights to redevelop this property due to lack of open space. As evidenced by aerial imagery, the majority of existing structures within the district are similarly built across their entire respective parcels and do not contain open space. Current development trends in this district and the adjacent districts support infill development on small sites as well as the conversions of larger vacant buildings, most of which lack open space as they were originally designed for commercial use or for townhouse style living. 3. Do any special conditions and circumstances result from the actions of the applicant or any other person who may have (or had) an interest in the property? No. The special conditions and circumstances relate to the original platting of the land which created a trapezoidal municipal square based on the curvature of the N. Peters Street right-of-way which parallels the Mississippi River. Approval of the variance would allow the applicant to redevelop the site with a structure of similar footprint and massing to what was historically developed on the site, prior to the redevelopment of the site with a gas station in the 20 th Century. 4. Will the granting of the variance confer on the applicant any special privilege which is denied by this ordinance to other lands, structures, or buildings in the same district or similarly situated? No. As noted previously, there are several instances of properties in the VCE-1 District and within the same block as the petitioned property that do not provide the open space as required by the Comprehensive Zoning Ordinance. As such, the granting of the requested variance would not confer on that property privileges that are not enjoyed by other similarly situated properties in the VCE-1 District. In addition the Board of Zoning Adjustments has consistently granted approval of similar requests for waivers of open space in the VCE- 6 BZA

7 1 District and the neighboring VCC-2 and VCC-1 Districts along Royal and Chartres Streets. Several request granted were for waivers of the entire requirement, as the applicant is requesting. See Table 1 below. Table 1. Previous Open Space Waiver Requests within Surrounding Area, 2005-Present Docket Address Zoning Use Required Waiver Disposition St Louis VCC-2 Mixed-Use 30% 18% Granted Royal VCC-2 Retail 30% 30% Granted Royal VCC-2 Mixed-Use 30% 30 Granted Chartres VCC-2 Multi-Family 30% 30% Granted Conti VCC-2 Multi-Family 30% 5% Granted Decatur VCC-2 Commercial 30% 16.4% Granted Toulouse VCC-2 Commercial 20% 8% Granted Wilkinson VCC-2 Multi-Family 14% 12% Granted Decatur VCE-1 Commercial 20% 20% Granted Decatur VCE-1 Multi-Family 30% 30% Granted Decatur VCE-1 Multi-Family 30% 30% Granted Royal VCC-1 Mixed-Use 30% 10% Granted St Ann VCC-1 Multi-Family 30% 2% Granted Bienville VCC-2 Hotel 30% 100% Granted Royal VCC-2 Restaurant 30% 0.4% Granted St Peter VCC-2 Theater/Restaurant 5.2% 1% Granted 5. Will the variance(s), if granted, alter the essential character of the locality? No. The variance, if granted, would allow the applicant to develop the site with a structure of similar massing and footprint to those which were previously developed. The request for waiver of the open space requirement is consistent with the surrounding development pattern where structures are generally built across the entirety of their respective parcels, providing minimal, and in most cases no open space. The applicant is also expected to comply with the guidelines of the VCC which require the design to be consistent with surrounding historic developments 6. Will strict adherence to the property regulations result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience? Yes. Strict adherence to the regulations will limit the extent to which the site could be redeveloped in a material way. As mentioned previously, the site is relatively small compared to most adjacent rectangular lots on account of its particular situation at the tip of a trapezoidal municipal square and the quality of having three frontages. Strict adherence to the open space requirement would require significant reduction in the buildable lot area, thus affecting the operations of a restaurant use and the overall project viability. 7 BZA

8 7. Is the purpose of the variance based exclusively upon a desire to serve the convenience or profit of the property owner, or other interested party(s)? No. The purpose of the variance is to make the redevelopment possible and improve the appearance of the very prominent French Quarter location, across from Bienville Park. Approval of the variance would support the redevelopment of a site of a long-time vacant service station, and restore commerce to the site. 8. Will the variance be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located? No. The requested variance, if granted, should not be injurious to the petitioned property or to other properties in the vicinity of the site. 9. Will the variance impair the adequate supply of light and air to adjacent property, substantially increase traffic congestion in the public street, increase the danger of fire, or endanger the public safety? No. The proposed variance will have no effect on light and air supply to adjacent properties as the proposed building is of lesser height and mass than its neighboring buildings. The development would not increase the danger of fire or endanger the public safety since the new structure will have code compliant sprinkler system, fire alarm, and security system. While the proposed use would generate visitors and thus induce travel to and from the site, the increased traffic would not be enough to stress the surrounding pedestrian and street systems. Staff Recommendation Based on this report, the staff believes the request does satisfy the nine criteria as they pertain to the requested variance. Therefore, the staff recommends APPROVAL of the requested variance, subject to the following provisos: 1. Prior to the issuance of a building permit by the Department of Safety and Permits, the applicant shall submit site, floor, and elevation plans approved by the Vieux Carré Commission to the Board of Zoning Adjustments staff for review and approval. These plans shall be the plans for which the building permit is issued. 2. The applicant shall secure the approval of the Vieux Carré Commission for the demolition of the existing structure at the site. 3. Prior to the issuance of a Certificate of Occupancy by the Department of Safety and Permits, the applicant shall consolidate the lots associated with the site into a single lot of record through the City Planning Commission. The approved subdivision shall be recorded with the Office of Conveyances. 8 BZA

9 4. The applicant shall obtain a lease of servitude from the Department of Property Management's Division of Real Estate and Records for all encroachments into a public right-of-way adjacent to the site. 5. The applicant shall secure the approval of the Department of Public Works for any improvements to the adjacent public right-of-way, including sidewalks, curbing, and curb cuts. 6. The applicant shall submit a litter abatement program letter to the Department of Sanitation for review and approval. The letter shall include the stated location of litter storage, the type, and quantity of trash receptacles, the frequency of litter pickup by a contracted trash removal company, and the clearing of all litter from the sidewalks and street rights-of-way. The name and phone number of the owner/operator of the development shall be included in this letter to be kept on file in case of any violation. 7. All proposed signage shall be in compliance with the standards as set forth in Article 24 of the Comprehensive Zoning Ordinance, and shall be subject to the review and approval of the Board of Zoning Adjustments and the Vieux Carré Commission. 8. The proposed restaurant shall meet the requirements as set forth in Article 20, Section 20.3.ZZ of the Comprehensive Ordinance. a. The applicant shall submit a noise abatement plan subject to the review of the Board of Zoning Adjustments and the Department of Safety and Permits. b. The applicant shall submit a security and operation plan subject to the review of the Board of Zoning Adjustments and the Department of Safety and Permits. c. The applicant shall indicate on the final plans submitted compliance with the holding bar requirements per Article 20, Section 20.3.ZZ BZA

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41 VIEUX CARRÉ COMMISSION Mitchell J. Landrieu MAYOR CITY OF NEW ORLEANS Bryan D. Block INTERIM DIRECTOR May 26, 2016 Mark Thomas P.O. Box 2007 Scott, LA Re: 336 Decatur St Reference Code: RSM6EX Dear Mark Thomas: This letter confirms the actions of the Architectural Committee (AC) of the Vieux Carré Commission at its meeting of Tuesday, May 24, 2016, concerning your application for the following work: Proposal to demolish existing yellow-rated structure and construct new three story building with rooftop terrace, per application and materials received 07/04/15. Mr. Albrecht gave the staff presentation with Messrs. Thomas and Hanisee present on behalf of the application. Mr. Musso mentioned the recently released flood elevation requirements. Concerning the BZA requirements, Nicolette Jones, from the City Planning Commission, noted that the BZA staff has received the application, that the hearing will be June 13th, and that the BZA staff was still performing their analysis. Ms. Jones continued that there may be new zoning requirements in place (VCE-1) and that although the BZA did approve a similar proposal in 2013 she couldn t say what the final analysis will be depending on the perceived hardships. Mr. Musso inquired if Safety & Permits administers the flood plain requirements. Mr. Block responded that it was. Mr. Block asked if there were any other questions regarding the BZA process. Mr. Fifield inquired if the BZA takes into account the galleries over the sidewalk. Mr. Musso noted that the previous proposal was not out that far over the sidewalk. Mr. Fifield continued that the floor area was nearly doubled by the galleries. Mr. Musso noted that this increases the density. Mr. Taylor noted that the Commissioners stated that build-out at the 4th floor didn t bother them as much as the open, activated 4th floor terrace and, under the current proposal, they will continue to face resistance at the Commission level. Mr. Taylor noted that the proposal has not substantially changed from the previous Commission review PERDIDO STREET, ROOM 7W03 NEW ORLEANS, LOUISIANA PHONE FAX

42 Mr. Fifield noted that the project should feature architecture of merit and a building to be proud of recommending that the designers need to sell the project to the AC and Commission. Mr. Fifield continued that there have been small tweaks but no real changes in design stating that more realized details were needed. Mr. Fifield concluded that there has been little response to the comments of the Commission. Mr. Fifield moved to defer the application pending the BZA review and recommended the applicant consider a redesign of the fourth floor and better detailing of the proposal for the next presentation. Mr. Musso recommended the applicants research the potential new elevation requirements and seconded the motion, which passed unanimously. Should you have any questions concerning this matter, feel free to contact me at (504) or bdblock@nola.gov. Sincerely, Bryan D Block VCC Interim Director cc: Joseph C Paciera

43 Joseph C Paciera Et Al 2218 Gen Pershing New Orleans, LA 70115