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HomeMy WebLinkAboutLetter by Sherer & Wynkoop, LLC 04/13/2007 14:19 FAX 2088874865 SHERER&WYNKOOP.LLP Igj 002/004 Law Offices Stephen T. Sherer David E. Wynkoop Attorneys at Law SHERER & WYNKOOP, LLP 730 N. Main Street P.O. Box 31 Meridian, Idaho 83680-2604 ssdwlawlBlmcleodusa.net Phone 208~887 --4800 Fax 208-887-4865 April 13, 2007 -R-" ]~"i; {"",; 'Ti~ "l""'.t .r];:~'l T 'j ," --. " ~.:) ~.~w,/ .JL:.,} .,;/,~ ~/ ,. .._,~i J__....!-' APR 1 3 2007 City Clerk Meridian Planning and Zoning Commissioners 33 E. Idaho Meridian, Idaho 83642 g~};~:; gf~1;~~2~f~~J~ Via facsimile to 888-4218 and first class mail Re: Busted Shovel CUP to convert restaurant to a bar Dear Commissioners: We urge your denial of the Busted Shovel CUP application. As downtown Meridian businessmen and property owners, we are of the opinion that this CUP request is not in the best interests of the downtown merchants, the City of Meridian, or the citizens of Meridian. We are unable to personally attend the hearing because of prior commitments. Please consider this our written testimony. 1. Skid Row Problem. There are now three bars within one block of the Busted Shovel, with a CUP application in the works for a fourth. Counting the Busted Shovel as a bar results in five bars with one block. There is a very real risk of this block becoming a low class skid row. This is incompatible with the vision of a vibrant pedestrian friendly downtown. It also risks lowering the property values of the other property owners in the vicinity. It reflects badly on the City to allow expansion ofa "slum block", with attendant assaults, public nuisances, drunkenness and other social problems, all within one~halfblock of the new City Hall. Generally, we have observed a deterioration in the quality of the business in the change from "Harry's" to the "Busted Shovel." Previously, it was restaurant that sold drinks. It is transitioning towards a pure bar and if this CUP application is granted, the transition will be complete. This is highly undesirable for the kind of vision we all want to create for downtown Meridian; namely, an attractive family friendly environment. We certainly prefer to see this site become a quality restaurant that furthers the goals of downtown redevelopment. 04/13/2007 14:19 FAX 2088874865 SHERER&WYNKOOP.LLP Igj 003/004 Meridian Planning and Zoning ~2M April 12, 2007 2. Sidewalk Problem. The Busted Shovel has failed to comply with the conditions of its current CUP. The Busted Shovel has an outdoor dining area located on the sidewalk. This sidewalk is part of the public right~ofMway and is not private property. The 1995 CUP required that a License Agreement be obtained from ACHD and that a minimum five foot clear zone be maintained for pedestrian and bicycle traffic. ACHD has confirmed that the Busted Shovel is illegally operating on the sidewalk without a License Agreement. The License Agreement for the previous restaurant was tenninated in May of 2006. According to ACHD, the Busted Shovel has never applied for a License Agreement. Even though no License Agreement exists, the Busted Shovel continues to use public right~of-way for a sidewalk cafe. Also, everything was to have been located within 5-112 feet of the building. (FFCL, Harry's Bar & Grill, p. 7, '5(2)), and to be moved inside after 10:00 p.m. (p. 7~8. '6). See CUP request for Sidewalk Cafe, August 15, 1995, Harry's Bar & Grill. This requirement has been repeatedly violated. Our observation is that the prior business did a pretty good job of maintaining the clear zone and cleaning up after its customers. This has deteriorated markedly since the Busted Shovel took over the site. Busted Shovel customers regularly expand the outdoor seating by pushing the railing toward the curb and tree well, well beyond what is allowed by the CUP. This leaves inadequate room for pedestrians and bicyclists to use the public sidewalk and certainly much less than the five foot clear zone required by the CUP. As Meridian downtown grows and attracts more foot traffic, it becomes even more critical to have adequate pedestrian facilities. In 1995, both the Meridian Police Department and the Meridian City Engineer opposed this outdoor seating. Since the Busted Shovel has failed to comply with the conditions of this CUP, the prior CUP should be revoked immediately. Moreover, failure to comply with past CUP conditions leads to the conclusion that this business is unlikely to comply with any new conditions associated with a new CUP. At the very least, the Busted Shovel should clean up its customers' cigarette butts and beer bottles off the public sidewalk and behind the building. 3. Inadequate Parking. Parking is now in short supply in downtown Meridian. The CUP application says that the business has five private parking spaces, however, the landlord for the Busted Shovel has previously refused to authorize Busted Shovel customers and employees to park in the private lot behind the bar and has previously had customer and employee vehicles towed. This places even more demand on the scarce available public parking 04/13/2007 14:19 FAX 2088874865 SHERER&WYNKOOP,LLP I4J 004/004 Meridian PI8lU1ing and Zoning -3. April 12, 2007 spaces. Even five spaces is woefully inadequate. A business with 2400 s.f. of floor area plus outdoor seating should have much more than five parking spaces. Unless the Busted Shovel can prove to the City that it has an agreement for adequate private parking spaces to serve the customers it attracts, this CUP should be denied based upon inadequate parking. 4. Inaccuracies in ApDlication. The application alleges it is made by the owner. Our understanding is that it is made by the tenant, not the property owner. In conclusion, we respectfully submit that downtown Meridian is moving forward in a very positive manner consistent with the vision set forth by the City and the Meridian Development Corporation. Converting the Busted Shovel to a bar is not compatible with that vision and is a deterioration of the status quo. Please vote to disapprove this CUP application and request staff to revoke the prior CUP or to strictly enforce the prior CUP conditions. Sincerely, 22 David E. Wynkoop STS/DEW fjlm Cc: MayorDeWeerd