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