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
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