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REGULAR MEETING November 26, 2018 RESOLUTIONS BILL NO. 18-69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1320 MIAMI STREET Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Angela Smith, Deputy Director of the Area Plan Commission with offices located on the 11th floor of the County-City Building, South Bend,IN, served as the presenter for this bill. Ms. Smith stated, Before you this evening is a petition requesting a special exception for a bar or tavern at 1320 Miami Street. It was originally opened as a coffee bar or coffee house and later had demand for a change to a full scale bar, under our definition of zoning. I included the zoning map here (referencing a slide in a presentation which is available in the City Clerk's Office) and you can see the property highlighted in red. It is along the Miami corridor and is zoned MU,Mixed-Use,which allows for a restaurant, coffee house, and the bar by special exception. The properties on either side and across the street are either Mixed-Use or Light Industrial. As you go to the next block, south, you get into some Multi-Family and then it immediately goes back into Commercial uses. The majority of Miami along this street is actually Mixed-Use. You do have some Single-Family Residential behind the alley in the back where the residential buffer would kick in, however, the petitioner, under previous variances through the Area Board of Zoning Appeals, got special approvals to allow for their parking to be there off the alley. So they do have parking at the rear of the existing building. There are no plans to make any changes to the structure,just the use inside the structure. This comes to you from the Area Board of Zoning Appeals with a favorable recommendation. Robert Smith, 1320 Miami Street, South Bend, IN, served as the petitioner for this bill. Mr. Smith stated, I am the owner of Witches Brew. Like Angela said, we started off as a coffee shop/restaurant and we've morphed more into a pub situation. We are selling more beer and wine now than what we were before. That is why we need this special exception. We started the project four (4) years ago and there have been many updates with the building. We had to meet all the ADA requirements. The wiring, the plumbing and the heating all had to be changed. We had a variance in 2017 to pave the rest of the parking lot and close the dumpster. We have an ADA parking spot. We have all new floors in it. There are all new ADA bathrooms. We have put a lot into it and we've moved more into serving more beer and wine than we have coffee. That is why we need the special exception. Council President Tim Scott opened the floor to questions from Council Members. Councilmember Tim Scott asked, Could you explain more about what this establishment is like? It's not a pool hall or VFW kind of establishment. Mr. Smith replied, There are three(3)rooms when you walk in. There is one(1)room that has the bar in it. It is a themed place. It is just really kind of unique. It's not a rough and tumble kind of a place. We have a lot of ladies that come in there age thirty(30)to seventy(70). We had a group in that had all dressed up as witches and stuff and all had a lot of fun around Halloween. We serve a lot of champagne drinks. We just have a beer and wine license. We don't have draft beer or anything like that. We do serve coffee, cappuccino, espresso and mochas and we also have a small food menu. Councilmember Tim Scott followed up, And what are your hours and capacity? Mr. Smith replied, The capacity is twenty-eight (28) seating capacity. The bar only has six (6) seats so it is not a big part. And then hours are Tuesday through Saturday, 5:00 p.m. to 11:00 p.m. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 2