HomeMy WebLinkAboutMemo from Planning (2)
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Requested Changes to the Agenda:
Item 14: Meadowlake Village North Variance request. Please accept applicant's withdrawal.
Item 6B 1: Update on Fireworks. Continue to July 24, 2007.
RECEIVED
JUL 1 7 2007
Final Plats:
Project: Bellingham No.3
City of Meridian
City Clerk Office
Staff Recommendation: Approval; the final plat substantially complies with approved PP.
Outstanding Issues before Council: None. The applicant is requesting a timing modification to a
condition; the intent of the condition is preserved. The current wording is inconsistent with
Federal processing and timing.
Applicant Provided Written Agreement with Conditions: Yes
Project: Busted Shovel
Location: 704 Main Street, on the northeast comer of Main Street and E. Broadway Avenue
Application: Council Review of a Planning and Zoning Commission decision to approve the
conditional use permit for a drinking establishment in an existing 0- T district. The findings were
approved May 3, 2007.
Highlights of Proposed Development: The Busted Shovel was approved as a restaurant use with
an accessory bar. The Busted Shovel would like to operate as a bar for purposes of smoking laws
and is therefore requesting CUP approval for the drinking establishment use. Further, The Busted
Shovel does not allow admittance of persons under age 21.
Other: The previous business, Harry's Bar & Grill, received CUP approval in 1995 for a
. .
sidewalk cafe consisting of 5 small tables and 10 chairs as an extension of the existing use,
between the hours of 10 a.m. and 10 p.m. No other Planning Department approvals were found.
Harry's Bar & Grill received yearly renewals of their liquor licenses. Those State liquor licenses.
indicate a "restaurant certificate" as "yes" when the State deems the owner as being a restaurant
with an accessory bar. The last five years ofliquor licenses show the following (see Exhibit A):
January 2002 to April 2002: restaurant:
May 2002 to April 2003: restaurant;
May 2003 to April 2004: restaurant;
May 2004 to April 2005: bar; and
May 2005 to April 2006: bar.
Harry's Bar and Grill did not inform the City in 2005 that they had switched their liquor license
to remove the restaurant certificate. Furthermore they did not receive conditional use approval to
change the use to a drinking establishment as was required.
When the Busted Shovel acquired the former Harry's Bar & Grill, Planning Department staff
informed the new owners that we were not aware of any past approvals that allowed the
establishment to operate as a drinking establishment (see attached zoning verification letter in
Exhibit A). The liquor license approval states, "approved as restaurant use," dated May 8, 2006.
Elevations: Yes (Photo)
Project: Busted Shovel (continued)
Commission Action: Approval at their April 19, 2007 hearing. All in favor (1 absent).
Summary of Commission Public Hearing:
1. In favor: William Kosterman (Applicant)
11. In opposition: None
iii. Commenting: None
iv. Written testimony: David Wynkoop and Carole Gabrielson
Key Issues of Discussion by Commission:
i. Parking for the site
ii. License Agreement with ACHD for chairs and tables within the right-of-way
Key Council Changes to Commission Recommendation: None
Written Testimony since Staff Report: A request for Council Review was filed on on May 18,
2007 by Sherer & Wynkoop LLP
Outstanding Issue(s) for City Council: Request for Appeal is based on the following information:
. The Applicant has not applied for a License Agreement wi ACHD for outdoor seating
& tables within the ROW; (The Applicant states he has appliedfor a License
Agreement but that it hasn't been issued by ACHD yet)
. Previous License Agreement & CUP for Harry's required the sidewalk cafe to allow
for a 7 Y;' walkway; walkway at most is 3 Y;'-4' wide. Required railing, tables, &
chairs to be moved inside every night at 10 pm; Applicant does not do tIus. Also
required tables, chairs, and railing to be located within 5 Y;' of the building; these
have been extended further by the Applicant.
. There are already 3 bars in this block; another bar would provide a negative
appearance as vehicles enter Old Town from the south;
. Lack of off-street parking (Site has 5 on-street spaces in front of the building on
Broadway & Main; also has 4 offstreet spaces behind the building through a signed
agreement Robert Malagon, owner of the Comfort Zone located at 706 Main Street)
Notes: