PC Minutes 12/20/06 DRAFT
ITEM NO. 12: SPECIAL USE PERMIT; 917 DELAWARE (SLD)
SUP-10-04-06: Special Use Permit for Krause Dining at 917 Delaware. Submitted by Winton A. Winter Jr., Stevens & Brand LLP, for Robert & Molly Krause, property owners of record.
STAFF PRESENTATION
Ms. Sandra Day introduced the item and summarized the recommendation.
Planning Staff recommended approval of SUP-10-04-06, a Special Use Permit for a private dining restaurant located at 917 Delaware and forwarding of it to the City Commission with a recommendation for approval, based upon the findings presented in the body of the staff report and subject to the following conditions:
1. Execution of a site plan performance agreement.
2. Completion of conditions of approval and release of a permit from the Historic Resources Administrator prior to the release of a site plan for the issuance of a building permit.
3. Provision of a revised site plan to include the following notes:
a. Service to no more than 30 guests per seating;
b. One seating per service day;
c. 5 service days in a standard 7-day week;
d. Service shall be provided to the general public by reservation only;
e. Drive-in and carry-out facilities are prohibited;
f. Private dining shall be an accessory use to an owner occupied principal residence.
g. No serving and consumption of any food and/or beverage may occur outdoors.
h. Activity shall conclude by 11:00 P.M. on weekdays and by 12:00 P.M. Friday and Saturday night.
i. Outside lighting associated with private dining events is extinguished by 11:00 P.M. on weekdays and by 12:00 Friday and Saturday night.
j. There shall be compliance with applicable building code requirements.
k. If the owner/operators of the private dining facility change in the future then a new Special Use Permit shall be required.
l. Property shall be inspected annually by City Staff for compliance with the Special Use Permit.
m. Owner/Operator shall submit an annual report prior to the scheduled yearly inspection stating they are the owner of record of the property and demonstrating compliance with the conditions of approval.
n. Note the Deed Book and Page reference of the executed off-street parking agreement on the face of the site plan.
4. Provision of a revised site plan to provide additional landscape material added along the existing fence per staff approval. Material may be a mixture of installed plants or containers to provide additional buffering.
5. Approval of a City liquor license if alcoholic beverages are proposed.
6. Execution and recording of an off-street parking agreement with the Register of Deeds Office to include parking on an approved site planned property.
7. Publication of an ordinance per section 20-1306 (j).
APPLICANT PRESENTATION
Mr. Wint Winter, attorney on behalf of Robert and Molly Krause, stated that the Krause’s were not present at the meeting due to work conflicts. He requested the Commission revise staff’s condition 3(g) to the language of “No service of full meals may occur outdoors. Limited service of food and beverage accessory to the main meal service such as appetizers is allowed outdoors.”
Commissioner Harkins asked if the Krause’s had purchased the house next door yet?
Mr. Winter stated that the Krause’s were still in the process of buying the property next door.
Ms. Day said that staff had not been involved in the purchasing of the property next door. The agreement had been between the Krause’s and the neighbor.
Commissioner Burress wanted neighborhood feedback on condition 3(g).
Mr. Winter stated that Scott Voelker was in the audience to give details of the Site Plan if needed.
PUBLIC HEARING
Ms. K.T. Walsh, speaking as individual, did not support having dining and drinking outside because of it being in a residential area.
Ms. Dayna Carleton, lives in the East Lawrence neighborhood, and she believes that restaurants will pop up more in the neighborhood because of this SUP.
Commissioner Burress stated that there are very restricted conditions to the SUP and asked if she felt it would lead to serious issues?
Ms. Carleton said she was talking about the whole procedure and that she feels people are being rewarded for breaking the law.
APPLICANT CLOSING COMMENTS
Mr. Winter reiterated that they would like for condition 3(g) be changed to what he suggested earlier. He also stated that there will be limited outdoor service and that the plan is to purchase the property next door.
STAFF CLOSING COMMENTS
Staff had no closing comments.
COMMISSION DISCUSSION
Commissioner Haase said that he has dined at the Krause’s and did not feel that the outside use would be problematic.
Commissioner Burress stated that he would have supported it had a neighbor not been opposed. He also pointed out that it did operate there for a while without any complaints.
Commissioner Harris said she was having a hard time deciding since it was very close to another building. She was concerned about people gathering and visiting outside.
Commissioner Harkins stated that the ambiance includes exterior areas and people might gather outside to have a cocktail or enjoy nice weather. He also said that since the Krause’s went to the trouble of buying the property next door he was not too concerned.
Commissioner Erickson said that she remembered most of the neighbors being in support of the SUP.
Commissioner Eichhorn stated that he was conflicted on the issue and said that having cocktails outside would not be as loud as the industrial business in the area.
Commissioner Burress stated that he would support the SUP but his concern was about creating a precedence. The business operated illegally and did not create any complaints.
ACTION TAKEN
Motioned by Commissioner Harkins, seconded by Commissioner Haase to modify the staff report condition 3(g) to the following:
“No service of full meals may occur outdoors. Limited service of food and beverage accessory to the main meal service such as appetizers is allowed outdoors.”
Motion carried 6-1-1, with Commissioner Haase in opposition and Commissioner Finkeldei abstaining.
Motion by Commissioner Harris, seconded by Commissioner Eichhorn, to approve SUP-10-04-06, a Special Use Permit for a private dining restaurant located at 917 Delaware and forward it to the City Commission with a recommendation for approval, based upon the findings presented in the body of the staff report and subject to the following conditions:
1. Execution of a site plan performance agreement.
2. Completion of conditions of approval and release of a permit from the Historic Resources
Administrator prior to the release of a site plan for the issuance of a building permit.
3. Provision of a revised site plan to include the following notes:
a. Service to no more than 30 guests per seating;
b. One seating per service day;
c. 5 service days in a standard 7-day week;
d. Service shall be provided to the general public by reservation only;
e. Drive-in and carry-out facilities are prohibited;
f. Private dining shall be an accessory use to an owner occupied principal residence.
g. No service of full meals may occur outdoors. Limited service of food and beverage accessory to the main meal service such as appetizers is allowed outdoors.
h. Activity shall conclude by 11:00 P.M. on weekdays and by 12:00 P.M. Friday and Saturday night.
i. Outside lighting associated with private dining events is extinguished by 11:00 P.M. on weekdays and by 12:00 Friday and Saturday night.
j. There shall be compliance with applicable building code requirements.
k. If the owner/operators of the private dining facility change in the future then a new Special Use Permit shall be required.
l. Property shall be inspected annually by City Staff for compliance with the Special Use Permit.
m. Owner/Operator shall submit an annual report prior to the scheduled yearly inspection stating they are the owner of record of the property and demonstrating compliance with the conditions of approval.
n. Note the Deed Book and Page reference of the executed off-street parking agreement on the face of the site plan.
4. Provision of a revised site plan to provide additional landscape material added along the existing
fence per staff approval. Material may be a mixture of installed plants or containers to provide
additional buffering.
5. Approval of a City liquor license if alcoholic beverages are proposed.
6. Execution and recording of an off-street parking agreement with the Register of Deeds Office to
include parking on an approved site planned property.
7. Publication of an ordinance per section 20-1306 (j).
Motion carried 7-0-1, with Commissioner Finkeldei abstaining.