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Commission permits outdoor dining at new Marshall Street mixed‑use building with conditions
Summary
Commissioners approved a special‑use permit to allow outdoor dining at a mixed‑use building under construction at 3308 E. Marshall St., waiving the 100‑foot outdoor‑dining buffer from adjacent R districts and imposing hours and design conditions tied to an existing Certificate of Appropriateness.
The commission on Feb. 25 approved a special‑use permit allowing outdoor dining at 3308 East Marshall St., a mixed‑use building currently under construction in Chimborazo. The development already received a plan‑of‑development approval, building permits and a Certificate of Appropriateness (COA) from the Commission of Architectural Review; the SUP before the commission was narrowly tailored to permit outdoor dining that would otherwise be restricted by the UV district’s 100‑foot rule from an adjacent R district.
Planning staff said the subject property is roughly 67 feet from the nearest R district and that the requested waiver is therefore roughly 33 feet short of the 100‑foot standard. Staff recommended approval with conditions, including an hours limit for outdoor dining (no earlier than 6 a.m. and no later than 11 p.m.) and a requirement that site materials and improvements comply with the COA issued Oct. 24, 2023.
Applicant representative Will Gillette confirmed the building is under construction, has plan of development and CAR approvals, and is awaiting a final certificate of occupancy. He said the rooftop and interior courtyard dining areas are the subject of the SUP and emphasized that the building owner will need to complete required streetscape work, including three street trees, before occupancy.
Several nearby residents spoke in opposition, citing potential noise and proximity of the rooftop dining area to upstairs bedrooms across the street. One resident said the rooftop deck “is going to be very difficult” given its elevation and 67‑foot distance from the nearest residential property; he urged limits on amplified sound. The applicant said the property will remain subject to the city’s sound ordinance and that the SUP includes the COA conditions as enforceable requirements.
After discussion, the commission voted unanimously to approve the SUP and forward the recommendation to City Council, with commissioners stressing compliance with the CAR conditions, the POD approvals and the city noise ordinance.
