Hearing on ADA parking variance for East Seventh Street restaurant postponed to May 12

A hearing on a variance request to eliminate an on-site accessible parking space for a proposed restaurant at 2136 East Seventh Street was postponed to the board’s May 12 meeting so the applicant can supply documentation that ties off-site accessible spaces to the proposed use.

Maximiliano Martinez, speaking for Death and Taxes, LLC, asked the board to allow the restaurant rebuild and remodel to rely on ADA-accessible parking located on an adjacent property. Martinez said the property’s grade drops roughly 10 feet from East Seventh to the rear alley, creating design constraints that make providing an on-site ADA stall difficult.

Assistant City Attorney Erica Lopez explained the code framework in place: although the city removed general minimum parking requirements under recent code changes, the Land Development Code retained a requirement that an accessible space be provided per property in some situations. Martinez said the applicant would be open to a recorded joint-use agreement or easement tying the spaces together.

Vice Chair Melissa Hawthorne moved to postpone the item to the May 12 agenda to allow time to prepare and record a document (easement or restrictive covenant) tying the off-site accessible space to the subject property; the motion was seconded and passed on a roll-call vote. A staff member noted that postponements longer than 60 days require re-notification and a fee.

The applicant and several board members discussed alternatives including a sidewalk connection from the off-site space to the front door, a joint-use agreement, or a recorded easement. Board members asked the applicant to return with meets-and-bounds and any legal documents required to keep the off-site accessible space tied to the restaurant’s use.