HomeMy WebLinkAboutLetter from Sherer & Wynkoop
04/Apr.18. 20078 7:04AWo88874885
SBERER&WYNXOOP.LLP
No. 7490 p, 2102/003
law 0I'Iice3
Stephen T. Sherer
Da\lld E. WynkoOp
Attorneys at law
SHERER" WYNKOOP, LLP
....." 730 N. Mafn Street
.J" >'. P.O. Box 31
Meridian, Idaho 83680-2604
BSdwlswl8:!mcJeoduss.net
Phone 208-887-4800
Fax 20&0887-4865
.'t'
JO :~.
"rl",
,/..
April 17, 2007
"ft' "~'" r-",' t"": -;:-".' "J--',- Y"I,-"''O 0["'"
, ' 1,( " I'.,; I, I l'""! '(
, d, "Ii:,~ " ~f ~
" . ,~_,.A1 ~. '..........,. ~-1~~Jl. ~_~I.~. I~" ~_ -...d; ,~ __.,./
APR 1 8 2007
City of Meridian
Planning &: Zoning COmmission
City Of Mericlial:
Cit)T Clerk Office
Via facsimile to 888-4218
Dear Commissioners:
This letter is a follow..up to out' letter of April 13, 2007. We have nOw had the
opportunity to review the staff report for CUP-07..004, and can refine our objections as follows:
1. Parking - As staffbas comctly noted, off-street parking is REOUIRED.
Downtown Meridian will not be accessible and friendly if clients of existing businesses must
walk half a mile to get to our businesses. With the closing of Broadway, SO more spaces will be
, lost.
There is no o;ff.street parking available to Applicant. Allegations of some type of .'oral"
agreement with an unnamed party for unidentified off street parking seems nothing more than
pie in the sky. A specific written agreement for five off street private parking spaces should be
required mim: to gnmting a CUP.
2. With a restaurant, an owner could rely on many fewer patrons, mOre dollars per
head, than a bar. This application provides a major expansion of alcohol use and abuse in an
area where ~edestrian amenities will be emphasized." Additionally, Old Town was to become
a "centralized activity center with public, cultural and recreational structures" encouraged Slaff'
report, p. 4.
Creating an "alcohol" block is auythiDg but pedestrian friendly, and does not encourage
cultural development. Instead. this conditional use application, if gl'anted, will expand the use
of the promises. all the way to encouraging consumption of alcohol in public on public
premises.
o4/Apr, 18. 20078 7:05Af'lb88874865
SBERER&WYNKOOP I LLP
No. 7490 p, 303/003
City of Meridian
Pll!lnning " Zoning Commission
..2-
Aprill?, 207
" ':')t is surprisJng that Planning and Zoning staffrecommends approval, taking the premises
,from a restamant to a bar which enc:ourages public alcohol consumption on Main Street. We
Din accommodate more restaurants in Old Town, but we have plentY of bars already.
,.:: \...
,
3.
ACHD issues.
AppUGaJrt has no license nom ACHD to operate on the sidewalk. Applicant has
operated illegally on the sidewalk for a year. Even under the past lic&mIe issued to Hmy'St
applicant is in serious violation in that:
a) The applicant's tables, chairs and rails remain 24 hours per day. The license
issued to Harry's required removal each evening;
b) Applicant does not limit its use to within '-1/2 feet of the building~ as
required;
c) Applicant does not provide a 7..12 foot clear zone walkway. as required. '
4. Applicant did not provide a site plan, as required.
Applicant is noW in material violation of City and ACHD fCquirements. If in
such violation now, with a CUP pending before the City~ how much worse will it get when there
is no sorutiny? Why would the City planners want to reWard such noncompliance? Why would
it reward an applicant for coming in under false pretenses (Apri13, 2006 tetter states .'primary
use will be a restaurant")? Why would Planning and Zoning staff recommend increasing
parking needs downtown where parking is already insufficient for current uses? Why would the
applicBDt engage: in the fiction of recognizing S parking stalls which have nothing to do with the
S off-street parking spots required? Surely you will reconsider this application rationallv and
deny it.
Sincerely,
~~.
Stephen T. Sherer
STSljIm
Cc: Mayor Tammy DeWeerd