Andover panel approves conditional use for small restaurant patio; off-site parking remains pending

The Andover Planning Commission on Jan. 21, 2025 approved a conditional use permit (case BZACU24-0003) allowing a restaurant in a B-3 retail and service business district to add a small outdoor patio seating area, with approval contingent on separate parking arrangements.

The decision was made after the city zoning administrator and the applicant described the proposal and staff recommended the conditional use. The commission moved that the chairperson be authorized to sign a resolution granting the conditional use; the motion was made by Dan Colson and seconded by Gary Israel and later approved by voice vote.

City zoning administrator David Westfall told the commission the property is zoned B-3 and that restaurants are permitted outright in the district but that the applicant was seeking the patio as an accessory use. Westfall said the request was continued from the December meeting and noted the applicant was "looking to arrange for off-site parking with the adjacent property of Walgreens to meet the minimum off-street parking requirements, which is still pending." "If you have any further questions, I'd be happy to answer them," Westfall said.

Applicant David Allen, who identified himself as living in Wichita, said he had tried to contact Walgreens but had "come to a brick wall with getting all the right person to talk to" and that he had reduced the proposed building square footage on plans to match the parking currently available. He described the planned patio as "pretty small" with "4 tables, 8 chairs." Allen also said the property owner had given preliminary permission to explore using a grassed area behind the building for possible parking and that a consultant from Wichita would inspect that area in the coming weeks.

During deliberations, commissioners reviewed the zoning criteria required for conditional-use approval. Staff and commissioners each voiced concurrence with the findings required under subsection 11-107(c) of the zoning regulations, including that the use would not "dominate the immediate neighborhood" and that utilities, access, and other facilities either exist or would be provided. Commissioners discussed parking; staff said a site plan review is underway to ensure the restaurant's occupancy matches the available parking and noted that additional parking, if approved behind the building or via agreement with Walgreens, would require separate site-plan and lighting review by the site plan review committee.

The commission closed the public hearing, found the required facts to exist, and moved to authorize the chairperson to sign the resolution granting the conditional use. A written resolution will be prepared and provided to the applicant no later than 45 days from the hearing. The chairperson noted that any appeal may be filed in district court within 30 days after the resolution is signed and filed with the zoning administrator.

The decision does not approve any off-site parking agreement or site plan; those remain separate processes subject to staff review and any necessary approvals.