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Home My WebLink AboutLetter from Stephen Sherer05/04/2007 15:46 FAX 2088874865 SHERER&WYNKOOP,LLP 10 001/003 STEPHEN T. SHERER DAVIDE. WYNKOOP ATTORNEYS AT LAW DATE: May 4, 2007 LAW OFFICE OF SHERER & WYNKOOP, LLP (208) 887-4800 FAX 887-4865 FAX COVER SHEET P.O. BOX 31 730 N. MAIN ST, MERIDIAN ID 83680 "WETUD MAY 0 1 2001 ,"'i laittVy of Meridian NOTICE OF CONFIDENTIALITY: The documents sent in this fax transClerk Office mission are intended only for the person or entity to whom they are addressed in this cover sheet. The information in these documents may be privileged, confidential, or otherwise protected from disclosure. If you, the recipient, are not the person or entity named as the intended recipient or are not receiving this document on behalf of the intended recipient, please call this office at the telephone number stated and return the documents through the U. S. mail to our office at the address stated. If you are not the intended recipient, any publication, distribution, dissemination, or copying of these documents is prohibited. FROM FAX NUMBER: TO FAX NUMBER: ATTN: ILM PAGE 1 OF 3 (208) 887-4865 (208) 888-4218 Meridian City Council Notice of Appeal — Request for Review Busted Shovel CUP 05/04/2007 15:46 FAX 2088874865 SHERER&WYNKOOP,LLP Z 002/003 Law Offices Stephen T. Sherer SHERER & WYNKOOP, LLP David E. Wynkoop 730 N. Main Street Attorneys at Law PO. Box 31 Meridian, Idaho 83680-2604 City Council City of Meridian 33 E.Idaho Meridian, Idaho 83642 Sonya Watters Associate City Planner City of Meridian 660 E. Watertower St., Suite 202 Meridian, Idaho 83642 NOTICE OF APPEAL Phone 208-887-4800 Fav Ina 007 XCEjV MAY 0 4 zOU� CttS' of 0 Via facsimile to 208-888-4218 Via facsimile to 208-888-6854 Re: CUP-07-004 The Busted Shovel Conditional use Permit for the operation of a drinking establishment in an 0-T zone, by William Kosterman Dear City Council: Please accept this letter as a request for review of the decision of the Planning and Zoning Commission concerning the granting of a Conditional Use Permit to The Busted Shovel. As noted in previous correspondence to the Planning and Zoning Commission, the decision flies in the face of stated policy goals of creatinga " area„ nothing "pedestrian friendly" about The Busted Shovel. n fact,lApplaincant isinviolation of the License Agreement provided to its predecessor (which License Agreement expired last year and which The Busted Shovel has not bothered to renew), H operate a sidewalk cafd as long as it left a 7-1/2 foot walkway. The trar affic Grill wasane is, at most, to to 4 feet wide. The License Agreement with ACHD also required H ost, 3-1 /2 ts equipment, including its railing and tables and chairs, inside every evening at 0 00 P.M. The table, chairs and railing were to be located within five and a half feet of the Bar & Grill building. They have been extended much further by Applicant and Applicant does not even now comply with removal requirements. P1Y These conditions have been blithly ignored by current ownership. adequate space to comfortably walk two -abreast at the front of the establishment. The area is now heavily used for patrons to drink and to smoke.There is not even threatening environment that would make pedestrians feel comfortable It is hardly the safe and non- threatening outdoor n downtown Meridian. 05/04/2007 15:46 FAX 2088874865 SHERER&WYNKOOP,LLP 10003/003 Meridian City Council Meridian Planning & Zoning -2- May 4, 2007 Add to that fact that there are three bars in this block already, and that the current conditional use Permit application would provide an extremely negative appearance as vehicles enter old town from its south side. These factors militate for the denial of the conditional use permit. Another reason for the appeal is the parking issue. While the application cites there are "five private spaces" available to the business, subsequently that statement was withdrawn, with Applicant acknowledging that the five parking spaces are public parking along the front and south side of the building. The Applicant also alleged that he had a "verbal agreement" with the property owner to the east for off-street parking, but apparently has recanted that statement as well. In conjunction with the parking issue, it is believed that the applicant and his employees continue to park in and use the public two-hour parking along Broadway, Main Street, and on the West side of Idaho Independent Bank for times in excess of two hours, while continuing to call in violations when others park in front of their establishment for more than two hours. By attempting this "selective enforcement" by calls to the City, treatment from the City regarding the parking issue, which they seek to race bate by catering o bar clientele. Because of Applicant's absolute flaunting of ACHD requirements, and general attempts at bullying its business neighbors, I ask that the City Council carefully review their own policies and plans for the Old Town area, and deny Applicant's Conditional Use Permit application. Finally, Planning and Zoning noted in its staff report that off-street parking was required. This Applicant has indicated he obtained a verbal agreement with the owner to the east for parking spaces. Petitioner would ask that Applicant provide a copy of a written agreement with the owner to the east certifying that he has the rights to use five off-street parking spots for his establishment. Absent this requirement, and because Applicant has not requested alternate compliance, the Conditional Use Permit should be denied outright. Sincerely, SHE & W YNKOOP, LL 7 i, Stephen T. Sherer STS/jlm _ Broadcast Report —� Date!Time 05-04-2007 04: 16:22 p.m. Local ID 1 2088884218 Transmit Header Text City of Meridian Idaho Local ID 2 Local Name 1 Line 1 Local Name 2 Line 2 This document: Confirmed (reduced sample and details below) Document size : 8.5 "x11 " 05/04/2007 13:46 FAX 208887486E SIrERHR&NYN1tA0Y, t,LP Q00t/003 LA W OFFICE OF sr 11.7. M-00 SHERER & WYNK00P, LLP DAvw B. Wvwcoov ATMVjM ATUW (208)587.4am RGL BOX 31 PAX 887-4&5 710 N. MAMST. MMA DEAN to Mao FAX COVER SHEET RECEIVED DATFs MAY Q � �J May 4, 2007 City C erk OH ce NOTICE OF CONFIBENT'tALITY; The documents sent in this fax transmission are intended only for the person or entity to whom they are addressed in this cover sheet. The information in these documents maybe privileged, confidential, or otherwise Protected from disclosure. If you, the recipient, are not the person or entity named as the intended recipient or are not receiving this document on behalf of the intended rethcipient, please call this office at the telephone number stated anrough the U. S, mail to our office at the address stated. d return the documents If You are not the intended recipient any publication distribution, dissemination, or copying of these documents is prohibited. FRO)d FAX NUMBER: (208) 887-4865 TO FAX NLR\MBR: (208) 888-4218 AM: Meridian City Council RE: Notice of Ap peal — Request for Review Busted shovel CUP PAGE 1 OF 3 Total Pages Scanned : 3 Total Pages Confirmed : 6 No. Job Z StationStart Time 001 267 3 Duration002 267 04:13:18 p.m. 05-04-2007 00., do 04.13:18 p,m. 05-04-2007 00:00:47 abbreviations: S: Host send PL: Polled local R: Host receive PR: Polled remote MP: Mailbox print 'S: Waiting send MS: Mailbox save CP: Completed FA: Fail Pages Line Mode 3/3 1 EC Job Type Results 3/3 1 EC HS CP14400 HS CP31200 TU: Terminated by user TS: Terminated by system G3: Group 3 RP: Report EC: Error rn..—