10-12-09 Common Council Meeting Agenda & Packet

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,r Attorney at Law Taste of Mexico operates three different uses at their location; a restaurant, bar, and dance hall. Based on the use, square footage, maximum fire load and other factors, the City building code requires they have 109 parking spaces. The City's inspection shows that the restaurant requires 14 parking places; the bar requires 30; and the dance hall 65 parking places. At ``he' current time, my client has eighty (80) actual parking places. Please see the letter from the City of South Bend stating that my client currently has approximately 40 parking places and a site plan showing an additional forty (40) parking places, all attached hereto. My client has steadily improved this location over the past three (3) years and has expanded a bar and dance hall. However, the restaurant remains the heart of this establishment and is by far the majority of my client's livelihood. The restaurant is open seven days a weeks, from 11:00 a.m. to 9:00 p.m. The bar and dance hall open are open at limited times and hours, Friday and Saturday, 9:00 p.m. to 3:00 a.m. Like a church or other multi-use establishment, not full capacity parking is needed at all times. During the regular weekday daylight hours, my client is only required to have fourteen (14) parking spaces, but has enough for forty (40) parking spaces. Only during a short limited time, Friday and Saturday from 9:00 p.m. to 3:00 a.m., does my client face the possibility of filling the place to maximum capacity limits and rnnning out of parking places. The restaurant area is separated from the bar and dance areas by lockable doors. When the restaurant closes at 9:00 p.m. access to it from the bar area and dance area is closed. Because the restaurant is closed when the bar and dance club are open, the bar and dance club will benefit from the restaurant's open parking places. If you allow my client credit for the fourteen (14) restaurant parking places during maximum occupancy, my client is only short fifteen (15)1 parking places during a limited, potentially maximum limit load time period (Friday and Saturday from 9:00 p.m. to 3:00 a.m.). During the week when the bar. and dance hall are closed, the restaurant has a surplus of parking places. The proposed use will not be injurious to the public health, safety, comfort, community moral standard, convenience or general welfare. Quite the opposite. My client has owned this establishment for the past three (3) years and has made significant improvements to his business, the neighborhood and the City of South Bend. Since that time they purchased $20,000.00 worth of vacant land located within the heart of the City and converted it into a better use. The proposed parking lot is located directly across'the street from Taste of Mexico, within forty (40) feet of a traffic light controlled intersection. The additional parking lot will alleviate congested driving lanes on Western and surrounding streets. Neighborhood street parking and noise will be reduced by centralizing the parking location on a busy main street. As the current parking lot is regularly monitored by a designated Taste of Mexico employee, so will the additional parking lot across the street be monitored. My clients make it mandatory that a designated employee monitor the vehicles in the parking lot. In his words, "why would people come here for $15.00 - 20.00 worth of food if they have to pay $260.00 for a broken window and car stereo?" 1109-80=29-14=15 257 W Indiana Av, Suite B, Valparaiso; IN 46383 (219) 464-3617, Fax: 548-0257 e-mail: collectionsystemsinc@verizon.net 1-888-548-3011