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Commission approves outdoor dining waiver for mixed‑use building at 3308 East Marshall Street
Summary
The commission recommended approval to allow outdoor dining on a mixed‑use building at 3308 East Marshall Street where the proposed roof/courtyard dining is approximately 67 feet from the nearest residential district (zoning requires 100 feet).
The Richmond Planning Commission recommended approval of a special‑use permit to allow outdoor dining at 3308 East Marshall Street in the Chimborazo neighborhood where the proposed outdoor areas (a ground‑floor courtyard and a second‑floor roof deck) lie about 67 feet from the nearest property in an R district — short of the UV district’s 100‑foot requirement.
Staff reported the building is already under construction with plan‑of‑development (POD) approval, a certificate of appropriateness from the Commission of Architectural Review, and required building permits in place. Planner staff said the proposed outdoor dining areas are largely internal — a ground‑level courtyard and a second‑floor roof area surrounded on three sides by the building — and that all site work and materials would be subject to the previously issued COA. Staff recommended approval and noted two letters of opposition and one letter of support had been received.
Applicant representative Will Gillette told commissioners the rooftop and courtyard dining would be limited to 6 a.m.–11 p.m., that off‑street parking is not required for the special use, and that the site must comply with the COA conditions. He also said the POD required the owner to relay the brick sidewalk and install three street trees, which will be completed before final occupancy; the applicant said the sidewalk work temporarily covered tree wells but the trees will be planted as required.
A resident across the street opposed the rooftop deck, citing noise and the proximity to bedrooms in the building across the street; he said roof‑level dining could create precedent more appropriate for Broad Street or arts districts than the primarily residential neighborhood. Commissioners discussed sound mitigation and noted the city’s noise ordinance remains applicable. The commission voted to recommend approval; the recommendation will be forwarded to City Council.
Votes at a glance: motion to recommend approval — passed (Poole Aye; Joyhaug Aye; Knight Aye; Pinnock Aye; Robertson Aye; White Aye; McKenzie Aye).
