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Red Oak ZBA approves variances for 103 Waller St., clearing way for catering business
Summary
The Red Oak Zoning Board of Adjustment on Jan. 16 approved variances for 103 Waller Street — including reduced front setbacks, reduced landscaping, and reduced parking — on condition the owner maintain an existing planter bench and the six on-site parking spaces. The decision was 4-1.
The Red Oak Zoning Board of Adjustment on Jan. 16 approved variances for a downtown property at 103 Waller Street, allowing a prospective catering business to seek a certificate of occupancy despite the site not meeting the city—s current front-yard setback, landscaping and parking standards. The board approved the motion 4-1 and attached conditions that the owner maintain an existing planter bench and keep the six on-site parking spaces configured as shown.
The board—s approval came after city planning staff said the building did not meet three requirements the city checks when reviewing certificate-of-occupancy applications: front-yard setbacks, minimum permanent landscaping and required parking. "The site doesn't meet the parking requirements, the front setback requirements, or the landscaping requirements," said Emma, a city planning staff member, summarizing the staff review. She told the board the site lacks the five required 3-inch-caliper trees along the frontages, falls short of the required 1,640 square feet of permanent landscaping (staff estimated about 1,400 square feet present toward the rear) and does not provide the linear shrubbery required along the frontages.
Applicant and property owner Gene Baughn told the board the building has long hosted catering businesses and is equipped with a commercial kitchen and other fixtures. "This building has served as a catering business," Baughn said. He argued the property predates the current zoning rules and that parts of the paved area adjacent to the building function as a prescriptive street right-of-way that reduces the developable lot area and makes it difficult to meet modern parking and landscaping standards. Baughn said the site currently provides six parking spaces and that, under some uses in the C-1 district, the parking calculation would require far more spaces (staff noted a full-service restaurant calculation would call for roughly 80 spaces at one space per 75 square feet; the least intensive use would require 12 spaces).
Commissioners questioned whether any portion of the lot is public right-of-way and discussed precedent and possible conditions. Several board members noted the owner had added planter benches and other visible landscaping improvements downtown and said the board could impose conditions rather than waive landscaping obligations entirely. One commissioner moved to approve the variances "contingent upon maintenance of the existing potted plant and bench and maintaining of the existing 6 parking spaces as they are currently configured." Another commissioner seconded. The motion carried 4-1.
City attorney Robert said the board's order would be drafted and filed so the variance would be reflected in the public record: "I'll prepare the appropriate order to reflect the board's decision and have it presented to Mr. Hartman for you to execute, and we'll get it filed to record," he said. The board's staff indicated the applicant could reapply for a certificate of occupancy once the signed order is recorded.
The building at 103 Waller Street is in Red Oak's Commercial 1 (C-1) zoning district. Baughn told the panel the upstairs lofts are vacant and that his near-term plan is to establish a catering business on the ground floor before pursuing other uses for the upper-floor spaces. The board's action applies to the property and, per the attorney's remarks, will be recorded as an order tied to the lots so future owners must meet the same conditions set by the ZBA.
