Restaurateur seeks rooftop conservatory at 50th & France; staff warns variance would exceed area FAR policy

The council heard public testimony Sept. 16 on a site‑plan review and parking variance for 5036 France Avenue South, the block in the Fiftieth & France commercial district where the owner of Cocina del Barrio proposes a 1,508‑square‑foot second‑floor glass conservatory and rooftop dining addition. Applicant and neighbors: Ryan Burnett, the building owner, said the addition and a year‑round conservatory are intended to reinvigorate the block and keep the site commercially viable. The applicant submitted a private shared‑parking arrangement with the adjacent property at 5050 France (BMO Harris Bank) that, with valet stacking plans, would provide more than the 14 parking spaces the project needs beyond the district FAR limit. Staff analysis and code context: Addison Lewis (Community Development) told the council the Fiftieth & France small‑area plan and municipal zoning (staff cited code sections 36‑13‑11 and 36‑13‑12 as the governing standards) limit building floor‑area‑ratio (FAR) to 1 before requiring extra off‑street stalls, a policy intended to distribute ramp and district parking fairly. Planning‑staff parking counts show the district ramps typically have substantial spare capacity on average Friday and Saturday evenings (staff cited roughly 327 spaces available across three ramps on an average peak evening) and the applicant’s study estimated the addition would create 16 stalls of added demand at peak. Staff finding: Because the FAR standard is explicitly called out in the small‑area plan, staff said a variance would not meet all the required variance findings unless the code were changed to allow the same opportunity for all properties in the district. Planning Commission: on Sept. 10 the Planning Commission recommended approval 5–1 with a condition that additional bicycle parking be provided. Public comment: Rebecca Sorensen, director of Fiftieth & France business association, gave an endorsement on behalf of businesses and emphasized underused ramp parking and rising transit options (the city’s E Line runs nearby in December). Owner Ryan Burnett told the council he has significant local support and believes the addition will stimulate district activity; he said the BMO neighbor’s agreement would provide valet parking for customers and staff incentives for transit. Process and next steps The council left the public hearing open until noon on Sunday, Sept. 28, and continued action to the Oct. 7 meeting so staff can further evaluate code compliance of the private shared‑parking arrangement, parking demand estimates and the potential for a recorded agreement that would comply with code requirements for shared parking. Why readers should care The project would add a visible destination in a prominent commercial node. It raises a recurring city tradeoff: how to enable small‑scale commercial reinvestment while ensuring district parking is allocated equitably and consistent with a 1978‑era FAR policy that remains in the Fiftieth & France small‑area plan.