Board of Adjustment minutes for November 21, 2012

November 21, 2012, 6:30 PM
Roll Call: The meeting was called to order by Chairperson Werner-Smith at 6:30 p.m. Board of
Adjustment Members Present: Chipman, Werner-Smith, Grell. Absent: Sayre, Reed.
Others present: Dean Wheatley; Ericka Harper, Mr. & Mrs. Landau.
Public comment on items not on the agenda: None.
Conditional Use: Request of David Landau to approve a conditional use for an outdoor eating patio
accessory use for the existing Brown Bottle restaurant property zoned C-1-B and located at 125 E
Zeller Street.
(Legal: Auditor’s Parcel #2001-064)
Staff review and Planning Commission Recommendations: Wheatley presented the application,
including a site plan, for an outside eating patio at the northwest side of the existing building. City Staff
and the Planning Commission recommended approval to the Board of Adjustment with no conditions.
No calls, emails, or other contacts have been received from property owners within 200 feet of the
proposal, who have been notified by mail of the meeting.
Applicants Presentation: The applicant was present and informed the Board that he would like to
proceed with construction yet this year if the weather cooperates.
Public Hearing: The Public Hearing was opened, there were no comments from the public, and the
hearing was closed.
Discussion: The Board discussed the requested use with the applicant and with staff. Chipman voiced
concerns about the slope of the parking lot toward the restaurant and the potential for vehicles left out
of gear to coast into the patio. Dave Landau noted that there will be a curb along the north side of the
patio, as well as plantings and fencing. No other potential solutions were discussed. Mr. Landau stated
that he does plan to serve alcohol in the patio, and staff noted that a separate agreement with the City
for that activity will be required.
Board Action: Werner-Smith moved to approve the conditional use as presented. Chipman seconded the
motion, and after brief discussion, the vote was: Ayes: Chipman, Grell, Werner-Smith. Nays: none.
Absent: Sayre, Reed. Motion carried.
Minutes: Grell moved, seconded by Chipman, to approve the minutes of October 2012. The vote was:
Ayes: Chipman, Grell, Werner-Smith. Nays: none. Absent: Sayre, Reed. Motion carried.
Old Business: Staff reported on the status of the Vawter day care operations.
New Business: None.
Adjournment: The Chair declared the meeting adjourned at 6:50 PM.