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01-28-13 Agenda & Packet
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01-28-13 Agenda & Packet
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Area Board of Zoning Appeals--December 5, 2012 <br /> MR. LYONS: Well the reason we're in this situation is because downtown there is an exempt area for <br /> controlled uses when it comes to taverns and bars. So every tavern and bar downtown is exempt and more <br /> continually if they can get liquor licenses locate downtown and not have to worry about other controlled <br /> uses. But because tattooing is a separate controlled use that is not specifically defined in the exempt area, he <br /> has all of the bars downtown to deal with when locating. <br /> MR. URBANSKI: So that's the 41? <br /> MR. LYONS: So that's where the 41 comes from. <br /> MS. NAYDER: And I believe if we changed it in this situation from the downtown there may be other parts <br /> of that ordinance that we may have to change as well. <br /> MR. MARTIN: Can I say something real fast. In regards to being around the other bars, we plan on opening <br /> from 11 to 7. We will be closing early so we will not be operating while the bar crowd is downtown. We <br /> will be more in line with current businesses like the coffee shops are operating at. <br /> MR. FEDDER: I amend my comments that this is a variance too. <br /> MS. NAYDER: Our comments for favorable is that it's located in the Central Business District. That's <br /> what the comprehensive plan says and the point of the Central Business District is to provide for economic <br /> development, mixed uses, etc., etc. We feel this fits in with the Central Business District downtown. <br /> A motion for approval of the variance was made by Mr. Phipps subject to the Special Exception being <br /> approved by the Common Council and seconded by Mr. Hawley. The motion carried unanimously. <br /> A motion to send the Special Exception to the Common Council with a Favorable Recommendation was <br /> made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. <br /> After hearing the evidence on the petition,the Area Board of Zoning Appeals find that you did satisfy <br /> the Standards as set forth in I.C. 36-7-4-918.5;therefore, the petition for variance is granted subject <br /> to the Special Exception being approved by the Common Council and the petition for Special <br /> Exception is sent to the Common Council with a Favorable Recommendation. <br /> Based on the testimony presented,the Area Board of Zoning Appeals, after careful consideration, finds this <br /> variance granted subject to the Special Exception being approved and the Special Exception is sent to the <br /> Common Council with a Favorable Recommendation will issue written Finding of Facts. <br /> PETITION FOR VARIANCE GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING <br /> APPROVED BY THE COMMON COUNCIL <br /> PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A <br /> FAVORABLE RECOMMENDATION <br /> 27 <br />
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