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REGULAR MEETING July 24, 2017 <br /> Mr. Masters responded, Sure. Same requirement: you give notice to everybody within three- <br /> hundred (300) feet. <br /> Councilmember Broden stated, So, earlier in committee and again tonight,these go beyond <br /> what's legally required,these commitments. Is there a forum, other than the ABZA, where you <br /> could ask, or your client—or you, on their behalf, ask—for relief from those commitments, <br /> because they exceed the legal require—what's legally required? . <br /> Mr. Masters responded, Well,that's the idea in making the commitments. The whole idea of <br /> making the commitments is you're willing to concede certain legal rights that you otherwise <br /> would have. <br /> Councilmember Broden stated, There's a potential, I think, as we talked about earlier,these <br /> could hamstring this—I mean, making the commitments here,today—I recognized it as a <br /> compromise, you know, being put out there. Whether or not it's advisable as a business, I don't <br /> know. But, last question: I guess I'm concerned about unintended consequences of—how do I <br /> say this—kind of a slippery slope, is what I want to get out of that argument, if we allow... Let <br /> me think. If we could come back— <br /> Mr. Masters interjected, It's a recognized process of making commitments on zoning matters, <br /> particularly where there's thorny issues. <br /> Councilmember Broden responded, And, maybe,just briefly we can hear that. So,this request is <br /> site-specific, right? It's to this property and this property only. So,would that preclude any other, <br /> I guess,precedent-setting?Am I getting at it? Maybe somebody else has a question that can <br /> articulate it better, I don't know. <br /> Councilmember Tim Scott asked, Is that you, Preston? <br /> Councilmember Regina Williams-Preston responded, Yeah. After a long pause, Councilmember <br /> Williams-Preston added, Somebody else try it. <br /> Mr. Masters stated, Well, let's put it this way: the Council, not only can a property owner <br /> propose commitments,the statute says the zoning board—the ABZA—and the Council can <br /> require commitments as a condition for approving a variance or an exception. So, I'm not sure <br /> there's any precedent being set,there. Kind of like, kind of like Mr. Ferlic changing my <br /> commitment. <br /> Councilmember Broden stated, Thank you so, both of you, for all— <br /> Mr. Masters interrupted,Now, it's kind of like Mr. Ferlic redrafting my commitment for me. <br /> May I ask, though, one (1)thing, and I mean this seriously: you say "no music will be played on <br /> the outside deck, nor will there be any amplified sound emanating from or to the outside deck or <br /> anywhere outside the building premises."What do you mean by"amplified sound"? <br /> A long discussion ensued concerning the exact semantic use of the terms"amplified sound" and <br /> "emanated" in the current draft of the written commitments. Mr. Masters pressed for an exact <br /> interpretation of the terms. Councilmember Ferlic argued that a dictionary definition of those <br /> terms erases ambiguity, while Councilmember Davis, and eventually Councilmember Broden, <br /> agreed with Mr. Masters that the words, as used, do not provide enough clarity as to what type of <br /> sound—and under what circumstances—would be considered"amplified." <br /> Mr. Masters stated, We'll do whatever the Council wants to have,but I just don't want to create <br /> another problem. <br /> Councilmember Dr. David Varner,moving to the next topic, stated, The question has been asked <br /> about how do they become a non-conforming use, and a Mixed Use District was created; it's not <br /> a conforming use. They're under no obligation. They're allowed to exist as a non-conforming <br /> use, if it's grandfathered, correct? <br /> Mr. Bulot responded, That's true. <br /> Councilmember Dr. Varner continued, So, it can exist in that manner for as long as they have <br /> been allowed to exist. The term you used, "expanding use"—if it's not a lot to expand its use—is <br /> 15 <br />