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Area Board of Zoning Appeals—January 4, 2412 <br /> REBUTTAL. <br /> MR. MYERS: My only response would be in relation to the term cafe, this is a beverage cafe, there is not <br /> food preparation. There is no alcohol. The petitioner would be willing to reduce the size of the covered <br /> patio and comply with the planning staffs on the variance on the residential buffer, the landscaping <br /> screening. Other than that I have no further comments. <br /> MR. PHIPPS: Mr. Chairman I've got a couple of questions, one of them unless I'm missing something I <br /> don't see anything about the screening variance being requested I just got two variances, the parking and the <br /> parking in front setback. <br /> MS. NAYDER: You may not have the more updated one dated, yeah the one from the first. <br /> MR. PHIPPS: Yeah I do have that one, I'm sorry. The other question I guess is for Mr. Fedder. They said <br /> no alcohol, what would be the status if it was approved and put in operation, would they be able then to get a <br /> liquor license and serve alcohol? <br /> MR. FEDDER: Well of course they can apply. There's certain standards and requirements to obtain one. <br /> Of course the first thing you'd be thinking about is whether it would be a carry out package liquor store, <br /> whether it would be a typical restaurant type operation, and third there you'd be in the city limits and the it <br /> would be determined whether there are other beverages being sold in the area within the restricted area. I <br /> know there is at least one and I think Martin's may have one so I think that you could petition but there <br /> would be certain requirements that you would have to meet in doing so. My opinion it would be highly <br /> doubtful in my opinion that the Board would grant that. <br /> MR. PHIPPS: But if the Special Exception were to be approved it could be with the condition that there be <br /> no alcohol and that could... <br /> MR. FED DER: Oh yes, you could put it in there if you wanted to. <br /> MR. PHIPPS: Well I guess I would like to make a motion that would be that first of all we deny the parking <br /> variance as well as the screening variance. And that we would approve front setback variance, as I <br /> understand it,just because it's the existing building. <br /> MR. URBANSKI: We have a motion, do we have a second? <br /> MRS. HENRY: Now the parking variance is that for the number of spaces? <br /> MR. PHIPPS: The number of spaces, yes. <br /> 28 <br />