DAC approves variance allowing expanded covered outdoor dining at 1005 North Railroad Avenue with revised public-access condition

The Downtown Action Committee approved a variance request for 1005 North Railroad Avenue that allows increased permanent overhead cover within a designated ground-floor open space tied to a restaurant tenant. The committee voted 4-0 to approve the variance, with conditions that the applicant come into compliance with the minimum tree canopy percentage and that the pedestrian passageway between buildings remain unencumbered at all times while the dining patio may be closed to the public outside of regular business hours for security and operations.

The proposal, presented by applicant representatives, is part of the Nora redevelopment and would house a single-tenant, roughly 10,000-square-foot restaurant with an approximately 2,500-square-foot outdoor patio. Under code, a passageway-category open space permits a maximum of 25% overhead cover; the applicant sought a variance to allow about 52% overhead cover (approximately 1,215.5 square feet) because a portion of the patio along building edges contains fixed covered structures for circulation, service, lighting, fans and fixtures while the majority of the patio uses operable louvers and retractable awnings.

City staff explained that because the private open space is located at ground level and along a lot frontage, it must meet public open-space requirements, including unencumbered pedestrian access. The project previously received site plan approvals and an earlier DAC variance related to tree canopy and minimum size; staff said the applicant has since provided additional trees and now meets the tree-canopy requirement, so staff recommended rescinding the earlier variance and recommended approval with conditions. The committee and applicant discussed the operational needs of a high-volume restaurant operator (Cameron Mitchell Group’s Del Mar concept), including the need to secure furniture and equipment when the restaurant is closed and the need to provide cover for service doors and high-traffic thresholds.

After extended discussion, staff and the applicant agreed to revise the recommended conditions. Conditions 1 and 2 (requiring all canopies/awnings and trellis/louvered systems to be retractable to preserve “open-to-the-sky” character) were removed from the approval; condition 3 (tree canopy compliance and rescinding the prior DAC variance) remained; and condition 4 was revised to require that the passageway between buildings remain open to the public at all times while allowing the dining patio area to be closed outside normal business hours for security and operational needs. Staff indicated it would identify the passageway in permit documents and allow non-intrusive, low-height gates or closure devices for after-hours security while preserving public access to the passageway 24/7. The applicant said they will take the board’s clarified condition back to the design team for final detailing.

The committee’s motion described the variance in code terms (Section 94-109 table 4-7; maximum permitted overhead cover in the passageway category is 25%) and found that the standards for the variance were met based on submitted materials and testimony. The motion and revised conditions passed four-zero. Staff indicated the variance and conditions will be recorded and forwarded to the City Commission as appropriate.

Operational notes included in the public discussion: the restaurant’s typical hours were described as lunch and dinner, with alcohol service allowed under city code until midnight and with a conditional permit enabling sales to 1 a.m. on Fridays and Saturdays if sought by the operator. The applicant noted the patio includes fixed covered areas for service/egress and louvered/retractable covers elsewhere; applicant and staff agreed gates for after-hours security would be low and minimally intrusive and that the pedestrian passageway would remain a public connector.