Board of Adjustment minutes for May 15, 2013

May 15, 2013, 6:30 PM
Roll Call: The meeting was called to order by Chairperson Werner-Smith at 6:30 p.m. Board of
Adjustment members were all present: Chipman, Werner-Smith, Grell, Sayre, Reed.
Others present: Dean Wheatley; Ericka Harper.
Public comment on items not on the agenda: None.
1. Conditional Use: Request of Bradley and Charlotte Nielson to approve a conditional use for an
outdoor eating patio accessory use for the existing Charlotte’s restaurant property zoned C-2-A
and located at 745 Community Drive, Suite F.
(Legal: Lot 1, Liberty Centre Part 1B)
Wheatley informed the Board that the applicant had emailed at 5:30 to report that he would be unable
to attend the meeting because of business obligations.
Sayre said he feels strongly that the applicant needs to be at the meeting to explain the project details.
He is especially concerned about fire pit enclosures.
Chipman said the owners need to take measures to keep people away at night, provide more detail on
the plan, and provide more separation for between the eating area and the open area beyond (fence or
other means).
Grell also needs more detail before he can consider the plan. He also wanted to know if State
regulations would require a fence. Note: later staff research indicates no such State regulation.
Smith inquired about association issues. Wheatley said that the owner told him he had been in contact
with the building’s owner.
Board Action: Sayre moved to table action on the case until the applicant is able to attend. Chipman
seconded the motion, which passed unanimously. Staff is to contact the owner and explain the Board’s
action. Members also expressed a willingness to hold a special meeting if time is an issue for the
Minutes: Chipman moved to approve the minutes of November 2012. Grell seconded the motion, which
passed unanimously.
Old Business: Staff reported on the status of the Vawter and Benner day care operations.
New Business: None.
Adjournment: The Chair declared the meeting adjourned at 6:50 PM.