Jan 16, 2024 City Planning Commission Meetings

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WELCOME TO THE, UH, JANUARY 16TH, 2024 MEETING OF THE, UH, RICHARDSON CITY PLAN COMMISSION.

UH, THE PLAN COMMISSION CONSISTS OF RICHARDSON RESIDENTS APPOINTED BY THE CITY COUNCIL.

THERE ARE SEVEN REGULAR MEMBERS AND TWO ALTERNATES ON THE COMMISSION.

ONLY SEVEN MEMBERS WILL VOTE ON AN ISSUE, ALTHOUGH ALL MEMBERS WILL PARTICIPATE IN DIS DISCUSSIONS AND DELIBERATIONS.

IN THE CASE OF THE ABSENCE OF A REGULAR MEMBER, A DESIGNATED ALTERNATE WILL VOTE ON THE ISSUE.

TONIGHT WE HAVE, UH, SIX COMMISSIONERS IN ATTENDANCE, SO EVERYBODY WILL BE VOTING.

THIS MIS MEETING IS A BUSINESS MEETING AND WILL BE CONDUCTED AS SUCH IN THAT REGARD.

AS A COURTESY TO THOSE IN ATTENDANCE, PLEASE, UH, TURN OFF ALL DEVICES THAT EMIT SOUND OR ADJUSTED SO AS NOT TO INTERRUPT THIS MEETING, OUR PROCEEDINGS ARE RECORDED, SO PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD WHEN ADDRESSING THE COMMISSION.

TONIGHT ON THE AGENDA, WE HAVE, UH, TWO PUBLIC HEARINGS.

UH, EACH PUBLIC HEARING IS PROCEEDED BY A STAFF INTRODUCTION OF THE REQUEST.

THE APPLICANT IS THEN PERMITTED 15 MINUTES TO MAKE THEIR PRESENTATION TO, TO THE COMMISSION.

THEY MAY RESERVE ANY PORTION OF THIS TIME FOR A FINAL REBUTTAL.

TIME SPENT IN ANSWERING QUESTIONS ASKED BY THE COMMISSION IS NOT COUNTED AGAINST THE APPLICANT.

THOSE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO THE REQUEST WILL ALSO BE GIVEN THREE MINUTES EACH TO ADDRESS THE, UH, COMMISSION.

IF THERE ARE ORGANIZED GROUPS IN ATTENDANCE, WE SUGGEST THAT YOU SELECT REPRESENTATIVES TO PRESENT YOUR OBJECTIONS.

THE COMMISSION IS INTERESTED IN GATHERING NEW AND RELEVANT INFORMATION, SO WE ARE NOT INTERESTED IN REPETITION.

PLEASE ADDRESS ALL COMMENTS TO THE COMMISSION, NOT TO MEMBERS OF THE AUDIENCE.

AFTER A BRIEF REBUTTAL BY THE APPLICANT, THE HEARING WILL BE CLOSED AND NO FURTHER TESTIMONY WILL BE PERMITTED.

[1. Approval of minutes of the regular business meeting of December 19, 2023.]

OKAY, I GOT A MOTION.

COMMISSIONER SUTHER, I MOVE.

WE APPROVE THE MINUTES AS PRESENTED.

UH, I GOT A MOTION TO APPROVE AS PRESENTED.

COMMISSIONER ROBERTS.

I'LL SECOND THAT.

WE HAVE A MOTION TO APPROVE.

AND A SECOND.

ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND AND THAT PASSES UNANIMOUSLY.

[2. Zoning File 23-15 PD Planned Development – Another Time & Place: Consider and act on a request to rezone approximately 1.04 acres located at the northeast corner of Abrams Road and E. Buckingham Road, from ‘R’ Retail to PD Planned Development for the LR-M(1) Local Retail District with amended development standards and a concept plan to accommodate a patio cover for a restaurant and smoking establishment. Property Owner: Mehmet Shon Celik, MDA Texas LLC. Staff: Chris Shacklett. ]

THIS IS ZONING FILE 23 DASH 15 PLAN DEVELOPMENT FOR ANOTHER TIME AND PLACE.

AND WE'LL NOW HAND IT OVER TO, UH, MR. SHACKLET FOR, UH, PRESENTATION.

ALRIGHT, THANK YOU MR. CHAIRMAN.

UH, ZONING FILE 23 DASH 15 IS A REQUEST TO REZONE APPROXIMATELY 1.04 ACRES FROM OUR RETAIL TO PD PLAN DEVELOPMENT, UH, FOR THE LR M1 LOCAL RETAIL DISTRICT, UH, TO ACCOMMODATE A PATIO COVER FOR A RESTAURANT AND SMOKING ESTABLISHMENT, UH, FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BUCKINGHAM ROAD AND ABRAMS ROAD.

UH, THE PROPERTY WAS ORIGINALLY DEVELOPED IN 1989 AS A CONVENIENCE STORE.

UH, IN 2017, IT WAS CONVERTED TO A RESTAURANT AND PURCHASED BY THE CURRENT PROPERTY OWNER IN 2021 WITH THE INTENT OF OPENING A RESTAURANT AND SMOKING ESTABLISHMENT.

SIMILAR TO A, UH, ANOTHER ESTABLISHMENT HE OWNS AND OPERATES IN PLANO.

UH, IN 2022, A SPECIAL PERMIT WAS APPROVED TO ALLOW A SMOKING ESTABLISHMENT USE, UH, IN CONJUNCTION WITH THE RESTAURANT.

IT WAS LIMITED TO A PATIO LOCATED ON THE WEST SIDE OF THE BUILDING, AND THERE WERE LIMITATIONS, UH, REGARDING, UH, AGE RESTRICTIONS, UH, FOR CUSTOMERS ON THAT PATIO, AS WELL AS HOURS OF OPERATION AND RESTRICTIONS ON OUTDOOR MUSIC AND ENTERTAINMENT.

UH, THE APPLICANT IS REQUESTING THIS, UH, UH, ZONING CHANGE TO ACCOMMODATE AT THE PATIO COVER, UM, THAT WOULD BE LOCATED OVER THE WESTERN PATIO, WHICH IS SHOWN HERE IN DARK RED.

AND SPECIFICALLY, UH, IT'S NOT TO ACCOMMODATE A PATIO COVER THAT WOULD BE ALLOWED BY RIGHT.

HOWEVER, UH, THE SOUTHERN PORTION OF THAT PATIO COVER IS LOCATED WITHIN THE 40 FOOT FRONT SETBACK, UH, ALONG BUCKINGHAM ROAD.

THE R RETAIL ZONING, UH, REQUIRES A 40 FOOT SETBACK ALONG BOTH BUCKINGHAM AND ABRAMS ROAD.

UH, THAT IS THE SAME AS WHAT WOULD BE REQUIRED IN THE L RM ONE LOCAL RETAIL DISTRICT.

UH, THEREFORE, UH, THEY'RE REQUESTING TO ALLOW, UH, THE, UH, PATIO COVER STRUCTURE WITHIN THAT SETBACK, UH, AND, UH, WITHIN THREE FEET OF THAT PROPERTY LINE ALONG BUCKINGHAM ROAD.

UH, THE REASON THE BUILDING WAS CONSTRUCTED THERE WAS, AT THE TIME IT WAS, UH, CONSTRUCTED IN 1989, UH, BUCKINGHAM ROAD, UH, EAST OF ABRAMS ROAD TO NOT YET EXIST.

AND THE PROPOSED ALIGNMENT AT THAT TIME, UM, GOING EASTWARD FROM GREENVILLE, TOOK IT, UH, GOING FROM GREENVILLE AND THEN SORT OF CURVING DOWN TO THE SOUTHEAST AND ACTUALLY ALIGNING WITH THE CURRENT DAY PARK BEND DRIVE THAT WAS GOING TO BE THE ALIGNMENT FOR BUCKINGHAM ROAD, UH, AFTER THE BUILDING WAS CONSTRUCTED.

AND, UM, THIS PROPERTY WAS ULTIMATELY ANNEXED BY THE CITY OF RICHARDSON.

UM, THERE, THERE WERE PLAN CHANGES THAT TOOK THAT BUCKINGHAM ROAD ALIGNMENT TO WHERE IT IS CURRENTLY TODAY.

THEREFORE, UH, IT, IT CREATED A NON-COMPLIANT SITUATION FOR THAT BUILDING, WHICH, UH, REMAINS TODAY.

UH, THIS IS LOOKING AT THE WEST ELEVATION

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UH, IT'S APPROXIMATELY 14 FEET TALL AND IS CONSTRUCTED IS A STEEL SUPPORT STRUCTURE WITH, UH, LOUVERED PANELS AT THE TOP, UH, TO ALLOW FOR VENTILATION.

UH, IT DOES PROVIDE A LOW-PITCHED ROOF WITH A POLYCARBONATE ROOF SYSTEM AND TRANSLUCENT PLEXIGLASS ON THE TOP TO ALLOW LIGHT, UH, THROUGH TO THE PATIO.

UM, SO AGAIN, THIS IS THE WEST ELEVATION.

THIS REFLECTS THE EXISTING BUILDING BEYOND AND THE EXISTING, UH, PATIO, UM, THE CONCRETE PATIO DECK, AS WELL AS, UH, WOODEN, UH, FENCE, UH, THAT EXISTS TODAY AROUND THAT PATIO.

UH, THE NEW STRUCTURE, THE NEW PATIO COVER STRUCTURE IS ONLY THING THAT'S BEING PROPOSED.

UH, THESE ARE THE NORTH AND SOUTH ELEVATIONS.

ON THAT NORTH ELEVATION.

I'VE HIGHLIGHTED THE AREA THAT WOULD, UH, THE PATIO THAT WOULD BE COVERED BY THE, UM, THE PROPOSED STRUCTURE.

THERE IS AN ADDITIONAL PATIO AREA TO THE LEFT OF THAT, WHICH IS ON THE NORTH SIDE OF THE BUILDING.

UH, THE SMOKING IS PROHIBITED ON THAT PATIO PER THE SPECIAL PERMIT APPROVAL, UH, FROM 2022.

AND THEN ON THE BOTTOM IS THE, UH, CUT FROM THE SOUTH ELEVATION, UH, SHOWING AGAIN THAT ELEVATION ALONG BUCKINGHAM ROAD.

UH, THIS IS A PERSPECTIVE RENDERING OF THE PROPOSED PATIO, UH, COVER.

UH, AND AS I NOTED IN OUR STAFF REPORT, WE DID NOTE THAT IT WOULD BE AN, UH, WOULD NOT BE ALLOWED TO BE, UH, AN ENCLOSED STRUCTURE OR WOULD NOT BE AN ENCLOSED STRUCTURE.

HOWEVER, UM, WE HAVE, UH, HAD SOME MORE DISCUSSION WITH OUR FIRE DEPARTMENT AND WITH OUR HEALTH DEPARTMENT.

UH, SMOKING WOULD STILL BE ALLOWED ON THAT PATIO, EVEN IF IT WERE ENCLOSED.

UM, THE APPLICANT HAD CONSIDERED, UH, SLIDING GLASS SYSTEM TO PROVIDE AN ENCLOSURE.

UH, IT MAY ALSO, UH, COULD INCLUDE, UM, MORE OF THE TEMPORARY SCREEN, THE DROPDOWN SCREENS YOU SEE, UH, FOR WEATHER PROTECTION IN THE WINTER, UH, AS WELL.

UH, THOSE ENCLOSURES WOULD BE ALLOWED AS LONG AS THEY STILL PROVIDED THAT GAP AT THE TOP, UH, FOR VENTILATION.

HOWEVER, UH, THE USE OF EITHER ENCLOSURE OR ANY OTHER TYPE OF ENCLOSURE SYSTEM, UH, WOULD REQUIRE FOR THAT.

UH, NOT ONLY THE PATIO COVER, BUT THE BUILDING ITSELF TO BE THAT, UH, REQUIRED TO, UH, ADD A SPRINKLER SYSTEM.

SO, UM, IF THE APPLICANT DECIDES TO MOVE FORWARD, UH, WITH ENCLOSING THAT STRUCTURE, THEY WOULD ALSO HAVE TO, UH, CONSIDER, UH, THAT ADDITION OF THE, UH, SPRINKLER SYSTEM.

BUT, UH, DID WANNA MAKE THAT CLEAR THAT, UM, IT, IT COULD BE ENCLOSED IF THEY MEET THOSE BUILDING AND FIRE CODE REQUIREMENTS.

UH, THIS IS A SITE PHOTO LOOKING EAST AT THAT EXISTING PATIO, UH, AS IT EXISTS TODAY.

AGAIN, THE WESTERN PATIO THERE IN THE FOREGROUND, AS YOU LOOK, UH, IN THE BACKGROUND ALONG THAT LEFT SIDE OF THE BUILDING THERE, THAT IS THE ADDITIONAL PATIO AREA ON THAT NORTH SIDE THAT, UH, UH, DOES NOT ALLOW SMOKING.

UH, IN SUMMARY, THIS IS A REQUEST TO CHANGE THE ZONING FROM OUR RETAIL TO PD PLAN DEVELOPMENT FOR THE LOCAL RETAIL ONE DISTRICT.

UH, AND IF THE COMMISSION IS TO RECOMMEND, UH, APPROVAL OF THIS REQUEST, WHICH WOULD BE TO, UM, PROVIDE THAT BASE ZONING DISTRICT, UH, PD WITH A BASE OF LR ONE, UH, THE ONLY, UH, MODIFICATION OR EXCEPTION TO THAT LR ONE DISTRICT WOULD BE TO ALLOW, UH, A MINIMUM THREE FOOT SETBACK ALONG BUCKINGHAM ROAD FOR THE PATIO COVER THAT IS ON THE WEST SIDE OF THE BUILDING IN SUBSTANTIAL CONFORMANCE WITH EXHIBITS, UH, B AND C.

UM, AS I MENTIONED IN THE, UM, UH, IN THE BRIEFING SESSION, UH, THIS REQUEST WOULD NOT EXPAND THE AREA IN WHICH THE SMOKING ESTABLISHMENT COULD OCCUR THAT WILL STILL BE LIMITED TO THAT WESTERN PATIO THAT WAS APPROVED AS PART OF THE SPECIAL PERMIT IN 2022.

AND LASTLY, WE HAVE RECEIVED FOUR LETTERS, UH, IN SUPPORT FROM, UH, FROM, UH, NEIGHBORING RESIDENTS.

AND WITH THAT, I CAN ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

CAN YOU GO BACK TO, TO THE STORAGE BUILDING? UM, I JUST WANT TO TAKE ANOTHER LOOK AT THAT.

DO WE HAVE A WAY OF, WE HAVE A, A WAY TO DISTINGUISH THAT STORAGE BUILDING, IS THAT, IS THAT WHAT WE'RE CALLING IT? UM, VERSUS THE EXISTING RESTAURANT? YES, SIR.

ON THE, ON THE PREVIOUS CONCEPT.

SORRY ABOUT THAT.

YES, SIR.

ON THIS, ON THE PREVIOUS CONCEPT PLAN, AS WELL AS ON THIS CONCEPT PLAN, THEY ARE DENOTED, UH, WE HAVE GONE IN AND COLORED IN THAT EXISTING RESTAURANT BUILDING, AND THEY'VE USED A HATCH PATTERN TO NOTE THAT UNUSED STORAGE BUILDING.

UH, AND THAT'S SORT OF SOMETHING HISTORICAL ON THIS PROPERTY.

IT'S ALWAYS BEEN CONSIDERED UNUSED STORAGE AND NOT COUNTED, UH, IN THEIR PARKING REQUIREMENTS AND WOULD BE REQUIRED TO DO SO.

UH, IF THEY WERE TO EVER EXPAND THAT AREA AND WANT TO MAKE IT PART OF THE RESTAURANT, WE WOULD REQUIRE THEY PROVIDE ADDITIONAL PARKING, UM, AT THE, AT THE REQUIRED RATIOS FOR THAT.

BUT THAT'S JUST, UH, IT'S, IT'S A BUILDING THAT APPEARS TO HAVE BEEN ADDED AGAIN BEFORE IT WAS PART OF THE CITY OF RICHARDSON.

SO SOME OF THE RECORDS, UH, FROM THE TOWN OF BUCKINGHAM ON WHEN THAT WAS APPROVED, OR IF IT WAS PART OF THE EXISTING BUILDING OR, UH, OR LACKING.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS FROM THE COMMISSION? ANYTHING ELSE, CHRIS? NO, SIR.

OKAY.

SO THIS IS A PUBLIC HEARING.

UH, WE WOULD ASK THE APPLICANT TO PLEASE COME FORWARD DOWN AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

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AS I LIMP UP HERE.

UM, ARCHITECTURE'S SUPPOSED TO DRAW BUILDINGS AND LET CONTRACTORS BUILD THEM, AND I GOT TOO CLOSE TO IT TO A PIECE OF, UH, CONSTRUCTION EQUIPMENT THE OTHER DAY AND JUST TORE MY LEG UP, .

SO IT'S, UH, SO ARE YOU THE ARCHITECT OR THE CONTRACTOR? I'M THE ARCHITECT, YEAH.

.

I AM, I'M THE ONE THAT DIDN'T LEARN QUITE SO WELL IN THE SCHOOL.

MY NAME IS ED RAWLES.

I'M THE FOUNDING PARTNER OF THE FIRM OF RAWS, AND COVER WAS RAWS AND WELTY WHEN IT FIRST STARTED.

THEN WAS RAWLS ARCHITECTS FOR YEARS.

AND, UH, RAWLS AND CULVER NOW, UH, JUNIOR PARTNER IS TAKING OVER THE FIRM AND WILL CONTINUE IT INTO THE, INTO THE YEARS TO COME.

WE'VE BEEN IN BUSINESS NOW JUST UNDER 50 YEARS, SO WE'VE BEEN AROUND THIS AREA FOR A LONG TIME.

OUR ADDRESS IS 9 0 1 NORTH MCDONALD STREET, SUITE 2 0 3, MCKINNEY, TEXAS.

WE WERE ENGAGED TO DO THE DESIGN OF THIS, UH, COVER, AND IT'S A GREAT PROJECT FOR US.

IT'S SMALL, BUT IT'S A FUN LITTLE PROJECT TO WORK IN.

OTHER, OTHER THINGS ALONG, ALONG THE WAY.

WE'VE DONE WORK FOR SEAN IN THE PAST ON OTHER, OTHER RESTAURANTS OF HIS, AND WE'VE ENJOYED WORKING THAT, THAT WORKING RELATIONSHIP.

UH, MR. SAGET HAS GIVEN YOU A VERY GOOD DETAIL, AND WHEN WE LISTENED TO THE WORK SESSION, I THINK YOU'VE GOT A PRETTY GOOD UNDERSTANDING OF THE TECHNICAL SIDE OF THE ZONING ASPECTS.

SO I'M GONNA CONCENTRATE ON THE BUILDING AND IF YOU HAVE QUESTIONS ABOUT THAT, THAT'D PROBABLY BE MORE AP APPLICABLE FOR ME.

THE, THE PATIO THAT'S THERE NOW IS THERE, NOW.

IT HAS A NICE RAILING AROUND THE PERIMETER WITH A, WITH A, A PLANTER.

UH, IT, IT COMES UP, THE, THE TOTAL HEIGHT OF THAT THING IS ABOUT FOUR OR FIVE FEET, UH, WITH POSTS IN THERE THAT ARE, THAT ARE DESIGNED AS PART OF THAT SYSTEM, THIS NEW C STRUCTURE WILL BE A STEEL STRUCTURE.

IT'LL SIT INSIDE THE ONE THAT'S THERE NOW BY A FEW INCHES, SO IT DOESN'T ENCROACH FURTHER OUT.

IT ACTUALLY IS A LITTLE BIT SMALLER THAN THE DIMENSION OF THE EXISTING PATIO THAT'S THERE NOW.

IT JUST SIMPLY PUTS A COVER OVER IT.

THE STRUCTURE ITSELF WILL BE STEEL PIPES, STEEL, STEEL, UH, POSTS, SIX INCH, UH, UH, TUBES.

AND THEN THE TOP STRUCTURE WILL BE, UH, WHAT I'M GONNA CALL, UH, A GIRDER TRUSSES.

THEY'RE GONNA LOOK LIKE BAR JOISTS, BUT THEY'RE, THEY'RE A LITTLE HEAVIER THAN THAT.

GIRDER TRUSSES THAT SPAN ACROSS FROM, FROM THE, UH, THE LONG DIMENSION OF THE SITE.

UH, I THINK THAT'S EAST WEST, UH, WOULD BE, UH, ON A CENTER OF ABOUT, UH, EIGHT FEET.

AND THEN ACROSS THE TOP OF THAT ARE STEEL PURLINS, UH, WITH THEN A POLYCARBONATE ROOF ON TOP OF THAT.

A POLYCARBONATE ROOF IS WATERPROOF.

IT IS THERE SO THAT IT, UH, GIVES YOU SOME SUNLIGHT THROUGH IT.

UH, AND, AND, UH, SOME VISION.

THERE ARE DIFFERENT DEGREES OF OPAQUENESS.

UH, THESE, THIS WILL BE TOWARD THE OPEN END, SO IT, IT, IT GETS MORE LIGHT THAN, THAN LESS LIGHT.

BUT THE WHOLE IDEA THERE IS TO TRY TO MAKE THAT BE A VERY SUNNY PLACE AND A VERY, UH, ENJOYABLE PLACE TO BE.

THE, UH, THE COVER ITSELF TAKES THE SAME FOOTAGE THAT WE HAVE NOW.

WE'RE CLEANING UP THE, THE LINE AS, AS MR. SAGARD EXPLAINED, UH, ON THE OUTSIDE ON BUCKINGHAM THERE, JUST TO MAKE THAT STRAIGHT.

IT'LL ACTUALLY BE IN LINE WITH THE BUILDING.

SO IT'S, UH, SAME DIMENSION AS THE BUILDING.

THE, UH, PARKING.

WE, WE SHOW 44 PARKING SPACES.

THERE IS, UH, UH, ONE SPACE THAT'S THERE THAT'S, UH, UH, PROBABLY A LITTLE NARROW, BUT, UH, COULD BE USED AS A, AS A BICYCLE PARKING OR MOTORCYCLE PARKING OR SOMETHING LIKE THAT.

BUT 44 IS WHERE, WHERE WE ARE RIGHT NOW ON THIS, ON THE SPACE.

THAT'S WHAT'S REQUIRED.

SO THE, UH, INTENTION IS TO, IS TO USE THAT WEST PARKING LOT AS THE MAIN ENTRY AND THEN COME THROUGH THIS FACILITY TO GET TO THE DOOR OF THE EXISTING RESTAURANT.

THE EXISTING RESTAURANT STAY JUST LIKE IT IS.

YOU ENTER THE SAME PLACE, JUST GO UNDER THE PATIO AND THERE'LL BE A, A WALKWAY AREA UNDER THERE BETWEEN THE, UH, FURNITURE THAT'S, UH, WILL BE ON THE OUTSIDE.

SO SEAN IS HERE, AND, UH, IF YOU HAVE ANY QUESTIONS, UH, REGARDING THE OPERATION OR, UH, FUNCTION OF THE FACILITY, I WILL SAY THIS, THAT WE'VE TALKED A LOT ABOUT, UH, THE SPRINKLER SYSTEM, AND WE ARE PRICING THAT NOW TO SEE, UH, IF THAT MAKES SENSE, TO JUST GO AHEAD AND DO IT, GET IT OUTTA THE WAY.

OKAY.

AND MAY WELL BE THE THING THAT WE DO.

BUT, UH, IT, UH, SOME OF, SOME OF THAT'S GONNA BE A DECISION MADE ON NUMBERS.

UH, WE'D LIKE FOR THE PATIO TO BE AS USABLE YEAR-ROUND AS POSSIBLE.

UH, PROBABLY RIGHT NOW, IT WOULDN'T MATTER WHETHER IT WAS HAD DROPDOWN SIDES OR NOT.

10 DEGREES IS TOO COLD FOR ANYBODY TO ENJOY SITTING OUTSIDE AND EATING A, A MEAL.

SO IT'S, BUT SOMEWHERE IN THE 25 TO 35 DEGREE, IT BECOMES A VIABLE OPTION, UH, IF, IF IT HAS, UH, SOME KIND OF A DROPDOWN PANEL.

SO IN ORDER

[00:15:01]

SO, JOHN, YOU WANNA ADD ANYTHING? UH, WHILE YOU'RE UP THERE, MR. RAWLES, I JUST HAD A COUPLE QUESTIONS FOR YOU.

YES, SIR.

UH, SO CAN YOU EXPLAIN THE PURPOSE OF THE LOUVERS AROUND THE PERIMETER OF THE PATIO? WELL, THE, THE, THE LOUVER WAS A LEFTOVER FROM THE ORIGINAL CONCEPT, WHICH WAS A SLIDING PANEL SYSTEM DOWN AT THE LOWER SECTION.

THE LOUVERS ARE OPEN, THEY'RE, THEY'RE TO LET VENTILATION OUT AT THE VERY TOP, UH, HEAT RISES.

SO IN, UH, IN THE HOT PART OF THE YEAR, I MEAN, NOT ONLY WE COVERING IT TO GIVE YOU SOME PROTECTION DURING COLDER WEATHER, BUT IT'S ALSO FOR SHADE PROTECTION DURING THE SUMMER WEATHER.

SO WHEN YOU'VE GOT A A HUNDRED DEGREE OUTSIDE TEMPERATURE, OR 98 DEGREE OUTSIDE TEMPERATURE, THAT HEAT'S GONNA RISE.

AND THOSE LOURES AROUND THE PERIMETER ARE GONNA ALLOW THAT, THAT EXHAUST TO, TO GO OUT THERE JUST NATURALLY.

THAT'S IT.

NATURAL CHIMNEY, THAT'S THE, THAT'S ITS PURPOSE.

THEY'RE NOT CLOSED IN.

THEY'RE, THEY'RE OPEN.

SO IF THERE WAS A, UM, SOME SORT OF WEATHER PROTECTION FOR THE PATIO THAT WOULD BE BELOW THAT, BELOW THE LOUVERS? THAT'S CORRECT.

AND, UH, THEY WOULD, THEY WOULD STAY, UH, OPEN.

I MEAN, IT COULD, COULD BE THAT THEY WOULD HAVE SOME ABILITY TO ADJUST, BUT THE INTENTION THERE IS FOR THAT TO BE A VENTILATION STACK AT THE TOP.

AND SO THEY'RE WATERPROOF LOUVERS WHERE THEY, THEY SIT AT AN ANGLE WHICH RAIN, WHERE RAIN WILL SPLASH OFF OF IT ON THE OUTSIDE, BUT, BUT THAT, THAT'S ITS PURPOSE IS BASICALLY VENTILATION.

OKAY.

AND IS THERE ANY CHANGE TO THE FLOORING? IS IT STILL JUST THE, THE RAISED SLAB THAT'S, THAT'S THERE PAD RIGHT NOW? RIGHT NOW, THAT'S, THAT'S EXACTLY WHAT'S THERE.

AND THAT'S, THERE'S NO REASON TO CHANGE THAT.

THAT'S, THAT'S WORKING WELL, AND, UH, IT, IT IS A PATIO.

IT'S NOT, WE'RE NOT TRYING TO MAKE IT BE AN INSIDE SPACE THAT KINDA LOOKS LIKE A PATIO.

AND, AND, AND, AND AGAIN, I JUST, SO I'M GET THIS STRAIGHT, THE FRONT DOOR ENTRY INTO THE RESTAURANT, IS THAT THROUGH THIS PATIO OR THE NORTH, NORTH SIDE? IT'S THROUGH THIS PATIO.

THROUGH THIS ONE.

YOU'D COME, YEAH, IT'S ON THE, YEAH, THAT, YEAH, IF UNDERNEATH THE, THE WORDS THERE, ANOTHER TIME AND PLACE, YOU'LL SEE RIGHT WHERE THE PEOPLE ARE GOING IN.

THAT WOULD BE THE ENTRY.

YEAH.

THAT'S NOT OUR MAIN ENTRANCE.

THE MAIN ENTRANCE IS ON THE SIDE.

ON THE BACK SIDE.

OKAY.

YEAH.

LET ME, LET ME, LET ME STEP ASIDE.

OKAY.

YEAH.

AND SEAN, IF YOU COULD JUST IDENTIFY YOURSELF AND MY NAME, NAME SEAN LIK, UH, 55 14 BEN GREEN DRIVE, DALLAS, TEXAS.

THANK YOU.

7 5 2 5 2.

I AM THE OWNER OF ANOTHER TIME AND PLACE.

UH, GOOD EVENING.

THANK YOU FOR ALLOWING ME TO BE HERE.

AND I'M HERE TO REQUEST, UH, YOUR SUPPORT ON ZONING CASE FOR ANOTHER TIME AND PLACE TO PUT A COVER ON THE PATIO.

THANK YOU.

ALL RIGHT.

AND SO YOU WERE JUST SAYING THAT THE ENTRY, THE PRIMARY ENTRY INTO THE RESTAURANT IS GONNA BE FROM THAT WEST SIDE? IT'S ON THROUGH THE PATIO.

IT'S ON THE NORTH SIDE, ACTUALLY.

THAT'S WHAT I THOUGHT.

YEAH.

YEAH.

THE NORTH SIDE, THE, THE REASON IS THAT, UH, WEST SIDE ENTRY HAS A RESTRICTION FOR AGE.

RIGHT.

ANYBODY UNDER THE AGE OF 21 CANNOT ENTER INTO THAT PATIO.

THAT'S WHY.

OKAY.

THANK YOU.

YOU'RE WELCOME.

UH, COMMISSIONER SU.

YES.

UH, AS I UNDERSTAND IT, THE THE STRUCTURE THAT YOU'RE PLANNING TO BUILD RIGHT NOW, UH, WOULD BE, IT WOULDN'T BE NECESSARY TO CHANGE ANYTHING ABOUT THAT STRUCTURE IF YOU DO DECIDE TO PUT IN THE SIDE PANELS.

IS THAT TRUE? RIGHT.

IF WE, IF WE PUT IN, UH, SOME SORT OF A DROP SYSTEM, IT WOULD BE ON THE NEW STRUCTURE, BE SUPPORTED BY THE NEW STRUCTURE.

OKAY.

I DON'T KNOW.

UH, AND PART OF THE REASON FOR THAT IS I KNOW WHAT THE NEW STRUCTURE'S GONNA BE.

I KNOW THAT THE CALCULATION ON THE NEW STRUCTURE, INCLUDING THE FOUNDATION, THEY'LL, THEY'LL HAVE NEW PIERS UNDERNEATH THOSE POSTS, BUT I DON'T KNOW WHAT'S THERE ON THE EXISTING.

IT COULD BE BASICALLY THICK AND FLAT WORK.

SO WE DON'T WANNA PUT ANY LOAD ON IT.

UH, SO IT'LL BE ON THE NEW STRUCTURE INSIDE THE EXISTING, THE EXISTING WILL STAY THERE.

THAT'S GOOD LOOKING.

AND, UH, IT'LL STAY THERE AS AN AMBIANCE TO THE OUTSIDE.

OKAY.

GOOD.

AND I, I GUESS I HAVE A COMMENT FOR, UH, MR. SLIK.

UM, UH, I COMMEND YOU ON YOUR PATIENCE ON THIS PROJECT.

THIS, THIS IS PROBABLY A LOT FRIENDLIER CIRCUMSTANCE THAT, THAT I KNOW THAT YOU'VE, UH, EXPERIENCED BEFORE.

NO COMMENT NECESSARY, BUT THANKS FOR STICKING WITH US.

THANK YOU.

THANK YOU.

WE'RE GONNA BE AROUND .

COMMISSIONER PURDY.

YES.

UM, SEAN, I'D LIKE TO UNDERSTAND IS THE, YOU KNOW, THIS PATIO MORE ABOUT THE SMOKING OR MORE ABOUT HEAT RELIEF FROM THE HOT RICHARDSON SUN.

[00:20:02]

LIKE THE PRIMARY USE CASE AROUND YOU WANTING TO PUT IN THIS PATIO, IS IT MORE ABOUT MAKING THAT AREA AVAILABLE FOR SMOKING, OR IS IT PROTECTING THE CUSTOMERS FROM LIKE THE RICHARDSON HEAT IN OUR, IT'S, UH, MORE FOR, TO PROTECT FROM THE WEATHER, YOU KNOW, TEXAS WEATHER, IT'S, UH, UNPREDICTABLE.

YOU KNOW, SOMEBODY'S SITTING THERE HAVING DINNER OR SMOKING, WE HAVE TO RUSH AT THE INSIDE, TAKE HIS SMOKING AWAY.

YOU CANNOT SMOKE INSIDE.

IT'S JUST CAUSING A PROBLEM.

I DON'T WANT TO PAY FOR IT.

I WANT TO PAY FOR IT.

IT'S CAUSING A TREMENDOUS PROBLEM.

THANK YOU.

KEN, DID YOU HAVE ANOTHER QUESTION? OH, I'M SORRY.

I DID.

NO.

UH, SO SEAN, COULD YOU TELL US A LITTLE BIT HOW ABOUT HOW THINGS HAVE GONE AND HOW, UM, SINCE YOU'VE REOPENED, I GUESS, UH, SINCE THE LAST TIME YOU WERE HERE? SINCE WE, YOU KNOW, REOPENED IT, THE BUSINESS, UH, WENT UP TREMENDOUSLY, EVEN THOUGH, YOU KNOW, NO ALCOHOL, NO MUSIC, NO ENTERTAINMENT, NONE OF THAT.

I COULDN'T EVEN BELIEVE THE NUMBERS MYSELF, HOW ALL THE FAMILIES, YOU KNOW, BEFORE WE DID HAVE FULL LIQUOR LICENSE AND, UH, A LOT OF CLIENTELE WOULDN'T COME BECAUSE WE HAD ALCOHOL.

AND, UH, A LOT OF CLIENTELE WOULDN'T COME BECAUSE WE DIDN'T HAVE THE PATIO.

AND, UH, YOU KNOW, WE DIDN'T HAVE THE RIGHT AMBIANCE.

SO WE COMPLETELY REMODELED NEW, NEW TABLES, NEW CHAIRS AND BOOTS, AND, UH, THE FOOD QUALITY OF THE FOOD AND THE, AND THE WHOLE AMBIENCE THAT PATIO, IT'S JUST ATTRACTING, YOU KNOW, PEOPLE FROM ALL OVER THE METROPLEX.

SO WE'RE DOING GOOD.

SO, UM, STILL NO ALCOHOL, I PRESUME IS IT IS STILL NO ALCOHOL, IS IT? NO ENTERTAINMENT? NO MUSIC.

MUSIC.

HOW ABOUT, UH, CAN YOU BRING YOUR OWN BOTTLE OR ALCOHOL INTO THE RESTAURANT? RIGHT NOW, WE ARE NOT ALLOWING BYOB.

IT'S ONLY FOOD AND SMOKING AND, UH, SOFT DRINKS AND MOCKTAILS.

THAT'S IT.

OKAY.

BUT OVERALL BUSINESS IS GOOD.

YES.

THANK GOD.

THAT'S GREAT.

UM, OKAY.

UH, WELL, YOU MAY HAVE HEARD, UH, I, I KNOW YOU WERE HERE DURING THE BRIEFING SESSION.

UM, I WAS RAISING A BIT OF CONCERN ABOUT THE WAY IN WHICH THE, UM, STAFF RECOMMENDATION ON THE, UM, SHOULD WE APPROVE THIS, UM, THE WAY IT WAS WORDED IN THAT IT ONLY IS FOR THE PATIO COVER AND NOT FOR THE RESTAURANT, UH, TO ALLOW FOR THE, UM, ENCROACHMENT INTO THE SETBACK ZONE, UH, TO WITHIN THREE FEET, UM, I MEAN, A MINIMUM OF THREE FEET.

SO, UH, DID YOU HAVE ANY COMMENTS ABOUT THAT ISSUE? AND YOU'RE, YOU'RE BUILDING THE RESTAURANT BUILDING IS A NON-CONFORMING USE.

IS THAT RIGHT'S BEST WAY TO YES.

SIRS DESCRIBE, IT'S CONSIDERED A EXISTING NON-CONFORMING YES, SIR.

EXISTING NON-CONFORMING USE.

AND SO THE PURPOSE OF THIS STOP, SORRY, STRUCTURE, NOT USE, THERE WOULD BE STRUCTURE.

YES, SIR.

STRUCTURE.

UM, AND, AND THE PURPOSE OF THIS, UH, REZONING, UH, TO, UH, PLAN DEVELOPMENT IS TO, UM, YOU KNOW, ALLOW FOR THIS PATIO COVER THAT'S SPECIFICALLY BEEN OUTLINED TONIGHT, BUT IT DOESN'T ADDRESS THE EXISTING RESTAURANT BUILDING.

UM, SO DO YOU HAVE ANY CONCERNS AS THE APPLICANT ABOUT THAT? I'M ASSUMING NOT SINCE YOU SIGNED OFF ON THE, UM, WHAT WE'RE APPROVING TONIGHT OR REVIEWING TONIGHT.

SO, CORRECT.

THANK YOU FOR BUILDING, WE'RE NOT MAKING ANY CHANGES TO THE BUILDING, SO I DON'T HAVE ANY CONCERN ABOUT THE BUILDING, THE SETBACK, AND WE CAN'T DEMOLISH THE BUILDING.

WE'RE NOT DOING ANY CHANGES OR EXPANDING IT.

THE ONLY THING WE'RE DOING IS PUTTING A ROOF COVER ON THE PATIO.

THAT'S ALL WE ARE HERE FOR TONIGHT.

YEAH.

OKAY.

LET ME ASK MY CLIENT A QUESTION IN FRONT OF YOU.

YOU RAISED A, AN, AN INTERESTING QUESTION IN THE WORK SESSION, AND THAT IS THAT IF THE BUILDING HAD DAMAGE AND WAS, AND WAS KNOCKED DOWN MORE THAN 50% OF HIS VALUE, THEN IT COULD NOT BE BUILT BACK AS IT IS NOW.

I, I THINK THE OWNER WOULD LOVE FOR THAT RESTRICTION TO GO AWAY, BUT THAT'S NOT THE ZONING THAT WE'RE ASKING FOR.

BUT IF YOU WANTED TO ADD THAT TO IT AND IT WOULD, I DON'T, I

[00:25:01]

UM, AND I AS A, UH, PART OF THE CONCEPT PLAN, I GUESS IS THE BEST WAY TO, TO PUT IT, RIGHT? YES.

I THINK WHAT WE WOULD NEED TO LOOK AT IS JUST, UM, IF IT, YOU KNOW, IF IT'S ON RECORD, THAT THAT MIGHT BE, UH, THE IDEAL SITUATION TO MAKE THE BUILDING CONSIDERED A CONFORMING BUILDING AS IT RELATES TO THE SETBACK, RATHER THAN REMAINING AS EXISTING NON-CONFORMING.

THAT WOULD JUST BE SOMETHING WE WOULD'VE TO JUST LOOK AT, TO DETERMINE IF THE, YOU KNOW, IF THE REQUEST AS IT'S BEEN NOTIFIED AND ON THE AGENDA WOULD, WOULD ALLOW FOR THAT.

AND THAT WOULD BE SOMETHING WE WOULD HAVE TO LOOK AT.

YEAH, I THINK FORWARD, I THINK IT'S, UM, MECHANICALLY THE WAY THIS, UH, ZONING CASE HAS BEEN WORDED AND, UH, PUBLISH PUBLISHED TO, YOU KNOW, OUT THERE FOR THE, FOR THE RECORD, IS THAT DIDN'T CONTEMPLATE ANYTHING OTHER THAN THE PATIO COVER.

THAT'S REALLY WHAT'S BEFORE US TONIGHT.

UM, SO YEAH, YOU, I, I THINK MY, MY ISSUE IS THAT IF THE BUILD, IF THE RESTAURANT WERE DESTROYED BY FIRE OR SOME SORT OF CASUALTY, UM, YOU WOULD HAVE A SITUATION IN WHICH THE PATIO WOULD STILL BE ALLOWED IF BOTH OF 'EM WERE DESTROYED, LET'S SAY THE PATIO COULD BE REBUILT AND BECAUSE IT HAD GONE THROUGH THIS PLAN DEVELOPMENT REZONING, BUT THE BUILDING COULD NOT, UNLESS IT MET THE, THE SETBACK REQUIREMENT, THE, THE RESTAURANT BUILDING.

SO, UM, I THINK THAT'S ONE OF THE THINGS THAT I WILL YEAH.

TRY TO TACKLE HERE WITH, UH, WITH THE COMMISSION WHEN IT COMES OUR TURN.

WELL, THANK YOU FOR BRINGING THIS TO MY ATTENTION.

I, UH, CLEARLY COULDN'T UNDERSTAND.

SO YES.

UH, IF THAT'S THE CASE, WE DEFINITELY, WE WOULD WANT TO PUT THE SAME BUILDING BACK ON, GOD FORBID IF SOMETHING HAPPENED.

YEP.

OTHERWISE, IF WE TAKE 40 FEET SETBACK, THERE'S GONNA BE ONLY A HALLWAY LEFT FOR US.

THE BUILD .

WELL, YEAH, IT WOULD, IT WOULD IF THAT WERE TO HAPPEN, AND HOPEFULLY IT WON'T.

UH, BUT IF IT WERE, I, I, YOU KNOW, YOU WOULD PROBABLY HAVE TO COMPLETELY REDESIGN THE SITE YEAH.

TO ACCOMMODATE A, A, A NEW RESTAURANT, YOU KNOW? YEAH.

UH, WITH PARKING AND ALL.

SO LET ME ASK STAFF ON THAT, THAT THAT CHANGES THE REQUEST.

UH, YOU MAY HAVE THE AUTHORITY TO DO THAT, BUT DOES THAT MECHANICALLY WORK? UH, WE WOULD NEED, WE, WE WOULD NEED TO GO FORWARD IF, IF A RECOMMENDATION WERE BE WERE TO BE MADE TONIGHT FOR APPROVAL, I THINK IT WOULD JUST TO BE AS PRESENTED.

UM, AND, UM, THAT'S SOMETHING THAT, UM, STAFF WOULD NEED TO LOOK INTO TO DETERMINE IF THROUGH THIS REQUEST THAT, YOU KNOW, THAT ADDITIONAL CONDITION COULD BE ADDED RELATED TO THE BUILDING.

THAT'S SOMETHING WE'D HAVE TO LOOK INTO BETWEEN NOW AND THE CITY COUNCIL MEETING.

THAT'D BE GOOD.

YEAH.

YEAH, IT'D BE VERY GOOD.

OKAY.

ANY OTHER QUESTION? COMMISSIONER CONSTANTINO? YEAH, JUST, JUST TO CLARIFY, CHRIS, GOD FORBID THE BUILDING GETS INTO THE SCENARIO WHERE THEY HAVE TO REBUILD IT, THAT WHOLE PROCESS, UH, WOULD, WOULD TRIGGER NEW PERMITS, NEW WORK, AND, AND THEORETICALLY A NEW ZONING CASE.

IF, IF THEY, IF, IF THAT WASN'T DONE NOW, ALL THAT, YOU KNOW, ALL THAT PAPERWORK AND ALL THAT STUFF BEING DONE, IN ADDITION, THEY'D HAVE TO GO, HEY, WE NEED TO, WE NEED TO ZONE FOR, UH, WE, WE NEED A VARIANCE HERE.

BECAUSE YES.

IF THEY, IF THEY, IF, IF, IF IT WERE NOT SPECIFICALLY STATED IN HERE, IF IT WAS FOR THE PATIO COVER ONLY AND THE BUILDING WERE TO BE REBUILT WITHIN THAT 40 FOOT SETBACK AREA, THEN YES, AN ADDITIONAL ZONING ACTION WOULD NEED TO BE TAKEN AT A LATER DATE.

SO THIS PROCESS AGAIN, WHICH, THAT'S CORRECT.

WHICH I THINK SEAN IS PROBABLY BETTER AT THAN MOST OF US HERE.

'CAUSE HE'S, HE'S DONE THIS LIKE FIVE TIMES.

OKAY.

JUST, JUST, I JUST WANNA CONFIRM THAT THERE'S A POSSIBILITY.

IT'S JUST WE COULD WRAP IT UP NOW FOR, FOR, UH, SECURITY.

ALL RIGHT.

ANY OTHER COMMENTS? THAT'S ALL I'VE GOT.

THAT'S IT.

ALRIGHT.

THANK YOU.

THANK YOU SO MUCH.

UH, SO THIS IS A PUBLIC HEARING AND WOULD ANYONE ELSE LIKE TO COME FORWARD AND SPEAK AND JUST PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

UM, DANELLE, EXCUSE, EXCUSE ME.

DANELLE LYONS AT 5 23 STEEL METAL IN RICHARDSON, UM, IN RICHLAND PARK.

UM, I SUPPORT THE REZONING AMENDMENT TO ACCOMMODATE THE PATIO COVER, UH, ANOTHER TIME AND PLACE BECAUSE OF THE WEATHER.

THE FRONT PATIO IS NOT BEING ABLE TO USE THAT MUCH, WHICH ADDITION OF THE, UH, COVERING WHICH WOULD SHADE THE PATIO IN THE SUMMER AND PROVIDE PROTECTION FROM THE RAIN AND COLD WEATHER, THERE WOULD BE A MORE USABLE AND ENJOYABLE FOR ALL THE CUSTOMERS.

THE COVER WILL NOT ADD ANY SQUARE FOOTAGE TO THE RESTAURANT, BUT WILL

[00:30:01]

MR. SECK IS WILLING TO INVEST MONEY IN THIS AREA, WHICH HOPEFULLY WILL ENCOURAGE MORE NEEDED DEVELOPMENT.

RICHARDSON IS KNOWN FOR HIS BUSINESS FRIENDLY POLICIES.

THIS RESTAURANT HAS BEEN VERY SUCCESSFUL IN THE SHORT TIME, AND HIS EXISTENCE AND GRANTING AND ACCOMMODATION WILL INCREASE THE CHANCE OF FUTURE SUCCESS.

THIS AREA HAS BEEN IN NEED OF REDEVELOPMENT, AND THE ADDITION OF THIS RESTAURANT HAS BEEN A WELCOMING ADDITION.

IT HAS BEEN SUCCESSFUL AND SUPPORTED BY THIS, UH, SURROUNDING NEIGHBORHOODS.

ANOTHER TIME AND PLACE IS IN AN UPSCALE DEVELOPMENT, WHICH SHOULD BE ENCOURAGED AND SUPPORTED BY RICHARDSON.

THANK YOU.

ANYONE ELSE EITHER IN FAVOR OR OPPOSED TO THE REQUESTS? UM, ANY OTHER COMMENTS, UH, FROM SEAN, FROM YOUR TEAM? OKAY.

I MAKE A MOTION THEN THAT WE CLOSE THE PUBLIC HEARING.

MR. ROBERTS, ARE YOU CALLING FOR A MOTION? I, I MADE A MOTION.

OH, NO, NO, NO.

FOR I HAVE TO SECOND, SECOND A MOTION.

OH, YOU MADE THE MOTION.

OKAY.

I DIDN'T, ALRIGHT, I SECOND.

I JUST WENT AHEAD AND MADE IT.

OKAY.

I SECOND IT.

CHAIRMAN'S.

AND YOU SECOND IT.

YEAH.

ALRIGHT.

A MOTION TO CLOSE THE PUBLIC HEARING.

IT'S BEEN SECONDED.

ALL IN FAVOR, RAISE YOUR RIGHT HAND PASSES UNANIMOUSLY.

UM, ANY QUESTIONS FOR STAFF OR DELIBERATIONS? UM, NATE, DO YOU HAVE A QUESTION OR COMMENT? I DON'T KNOW IF WE CAN DO MORE THAN JUST MAKE A SUGGESTION, BUT, UH, SUGGESTION THAT WE WERE AIRING OUT BEFORE ABOUT SEEING WHETHER IT'S POSSIBLE TO MECHANICALLY ADD THE, UH, YOU KNOW, THE BUILDING VARIANCE AND WHAT GOES BEFORE CITY COUNCIL.

YEAH, AND, AND JUST TO EXPLAIN, AND AGAIN, I THINK, YOU KNOW, MY POSITION HERE, BUT, UM, I, I THINK THERE'S A BIT OF A CLOUD ON THE WAY THIS IS BE SORT OF PRESENTED HERE.

AND, UH, UH, THE RECOMMENDATION, UH, IN THAT, UM, THE PATIO WOULD BE LEGALLY CONFORMING IF, YOU KNOW, IF IF IT WERE DESTROYED IT COULD BE REBUILT, BUT IF THE RESTAURANT COULD NOT BECAUSE IT, PATIO PATIO, OH, THE PATIO PATIO COVER.

SO, UM, TO ME IT'S A, UM, IT SEEMS LIKE, UH, IF YOU'RE GONNA ALLOW THE PATIO COVER AS PART OF THIS REZONING, YOU SHOULD ALSO ALLOW THE RESTAURANT, NOT NECESSARILY THE STORAGE BUILDING, WHICH IS NOT IN USE REALLY FOR OCCUPANCY PURPOSES.

UM, BUT, UM, THAT WAY, YOU KNOW, IN THE CASE OF A CASUALTY THAT, YOU KNOW, BOTH THE PATIO AND THE RESTAURANT COULD BE REBUILT AND WOULDN'T HAVE TO GO THROUGH SOME SORT OF A REZONING OR, YOU KNOW, OTHER TYPE.

BUT SAM, DO YOU WANNA COMMENT? YES, SIR.

THERE ARE TWO AVENUES TO THIS.

ONE IS TO FORWARD A RECOMMENDATION AS PRESENTED WITH AN ADDITIONAL ITEM FOR COUNCIL TO CONSIDER, AND THAT IS ALSO APPLYING A THREE FOOT SETBACK TO THE BUILDING.

THAT WOULD BE ONE.

THE OTHER OPTION WOULD BE FOR THE APPLICANT TO WITHDRAW THE CASE.

ALLOW US TO RE ADVERTISE TO LOOK AT BOTH MAKING IT VERY SPECIFIC THAT IT WOULD APPLY TO ANY DEVELOPMENT ON THAT PROPERTY.

THAT THE SIDE YARD, THAT THE FRONT YARD SETBACK ALONG BUCKINGHAM ROAD WOULD, WOULD BE REDUCED FROM 40 TO 30 FEET FOR ANY STRUCTURE.

THAT'S ONE WAY TO DO IT.

IF WE DO IT WITH THE FIRST OPTION, WE'D HAVE TO, UH, CONSULT WITH OUR CITY ATTORNEY TO SEE IF THAT'S EVEN POSSIBLE.

UH, AND, AND WE'LL DO THAT AS QUICKLY AS POSSIBLE SO WE CAN KEEP THIS CASE GOING FORWARD.

UH, THE REASON WE'RE GOING THROUGH THIS IS SIMPLY BECAUSE THE WAY THE, UH, CASE WAS, UH, WAS ADVERTISED AND NOTIFIED IT WAS VERY SPECIFIC TO THE INTENDED, UH, USE OF THE, OF THE PATIO ON THE PROPERTY OR THE PATIO COVER ON THE PROPERTY.

YEAH.

SO, SO HEARING THAT, I MEAN, I I DON'T THINK, UH, THE APPLICANT WANTS TO WITHDRAW THIS CASE AND START OVER, UM, AND PROBABLY WANTS TO GET THIS, UH, PATIO BUILT AS QUICKLY AS POSSIBLE AND GET IT APPROVED.

SO I I I THINK THE, WHERE I'M LEANING IS TO RECOMMEND APPROVAL AS PRESENTED, UH, WITH THIS, UM, OBVIOUSLY IT'S PART OF THE RECORD WITH OUR MINUTES AND EVERYTHING WITH, UH, YOU KNOW, JUST ASK STAFF TO, UM, UM, CONSULT WITH THE CITY ATTORNEY, UH, TO DISCUSS WHETHER THE WAY IT WAS ADVERTISED AND POSTED, YOU KNOW, WHETHER OR NOT IT COULD BE MODIFIED AT COUNCIL, UH, TO

[00:35:01]

UH, OR PERHAPS YOU CAN FIGURE OUT SOME OTHER MECHANISM, MECHANISM THERE.

BUT I, I DON'T THINK AS, IF WE'RE IN FAVOR OF, UH, THE, THE CURRENT REQUEST THAT I WOULDN'T WANNA HOLD IT UP ANY LONGER, UM, BY ATTACHING SOME SPECIAL CONDITION THAT MAY NOT LEGALLY BE ABLE TO, YOU KNOW, STAND UP ON ITS OWN BECAUSE OF THE WAY IT WAS POSTED AND ADVERTISED.

YOU KNOW, IF THE PUBLIC HAD KNOWN PERHAPS THAT THIS WAS FOR, YOU KNOW, A, A THREE FOOT SETBACK ON THE RESTAURANT, MAYBE THERE MIGHT HAVE BEEN A DIFFERENT, YOU KNOW, DIFFERENT SORT OF COMMENT OR THOSE SORT OF THINGS FROM, FROM THE PUBLIC.

SO, UM, WAS ADVERTISED AS THE PATIO COVER ONLY.

UH, SO YEAH, EITHER WAY, WE'LL, WE'LL GET IT RESOLVED BY THE END OF THE WEEK BECAUSE IF WE DO HAVE TO GO BACK, UH, THROUGH THIS PROCESS, UH, HE, HE SHOULD STILL BE ABLE TO MAKE THE FEBRUARY 6TH CPC MEETING AS THE NOTICES DON'T GO OUT UNTIL NEXT FRIDAY.

SO IF THAT'S THE CASE, YEAH.

SO REALLY ALL WE'RE DOING IS, IS DELAYING IT BY TWO WEEKS, BUT WE'LL, YOU KNOW, BUT WE'LL DEFINITELY, UH, CONSULT WITH OUR CITY ATTORNEY TO FIND OUT THAT'S DOABLE.

WELL, UH, AND WHAT, WHAT, WHAT DO YOU, WHAT WERE YOU JUST SUGGESTING THERE? , UH, A DELAY YES.

ON THIS CASE, CORRECT? AS, AS IT'S PRESENTED.

WELL, NOT A DELAY.

IT, IT'S A DE IT'S A DELAY IN THE TIMING AND THE FACT THAT IF WE DO HAVE TO RE ADVERTISE, WE HAVE ENOUGH TIME TO DO IT AS ANY NOTICES THAT THAT WOULD BE REQUIRED FOR THE FEBRUARY 6TH MEETING.

WE'LL BE MAILED OUT NEXT FRIDAY.

SO YOU'RE TALKING ABOUT RE-ADVERTISING FOR CITY COUNCIL, CORRECT? CORRECT.

WELL, WELL, NO, JUST, JUST TO BE CLEAR.

SO YOU COULD STILL MAKE A RECOMMENDATION AS PRESENTED TONIGHT, AND THAT COULD GO FORWARD.

THIS IS RIGHT NOW TENTATIVELY SCHEDULED FOR A FEBRUARY 12TH COUNCIL MEETING, BUT IF IN THE NEXT WEEK IT WAS DECIDED, HEY, THEY WANT TO GO FORWARD AND MAKE THAT MODIFICATION, UM, THEY COULD REQUEST, YOU KNOW, WELL, UNTIL WE SEND OUT NOTICE FOR THIS, THEY COULD REQUEST TO WITHDRAW THE CASE, UH, AND THEN THEY COULD RESUBMIT GO TO FEBRUARY 6TH, CPC.

YEAH, THAT'S WHY I'M JUST, AND, AND GET TO GO FORWARD WITH WHAT SOME FRONT OF US, THEIR BIG BOYS, MAYBE THEY, MAYBE THEY PAY EXTRA MONEY FOR THE FIRE SUPPRESSION SYSTEM NOW, AND THEY, THEY BUY INTO THAT BECAUSE THEY'RE LIKE, HEY, THIS HAS COME TO OUR ATTENTION.

WE DON'T WANT TO HAVE TO REBUILD THIS AND DEAL WITH THE ZONING.

RIGHT.

YOU KNOW, THAT IT'S, IT'S, WE'RE WE'RE LOOKING FOR PROBLEMS THAT AREN OURS.

RIGHT.

YOU CAN, YOU CAN MAKE A MOTION AS FAR AS THIS WHAT'S PRESENTED.

I, I THINK THIS IS ALL WE WANT ON, YOU CAN MAKE A MOTION TONIGHT, AND THEY STILL HAVE THE ABILITY TO EXACTLY STEP BACK AND RE UH, REDO IT IF THEY CHOOSE TO DO SO.

AND IT COULD, IT COULD END UP BEING AS LITTLE AS A TWO WEEK DELAY FOR THEM, UM, BECAUSE THE NEXT POSSIBLE COUNCIL MEETING AFTER THAT COULD BE FEBRUARY 26TH.

SO THERE COULD BE, BUT THAT'S, WE CAN HAVE THAT DISCUSSION FURTHER IF A RECOMMENDATION IS STILL MADE TONIGHT.

OKAY.

AND IS MR. SLIK, UH, FAVORABLE WITH THAT SCENARIO? I GUESS THE QUESTION THEN IS THE, UH, UNDER THE SECOND SCENARIO, WOULD IT BE A REZONING THE START ALL OVER LITERALLY? NO, SIR.

IT WOULD BE A, IT WOULD BE A NEW ZONING CASE.

THIS CASE WOULD GO AWAY.

IT'D BE A NEW ZONING CASE, BUT WE WOULD, WE WOULDN'T NEED TO GO THROUGH THE INITIAL REVIEWS AND THINGS BECAUSE WE WOULD ESSENTIALLY TAKE, IT'D BE THE SAME PLANS.

YOUR PLANS DON'T CHANGE.

IT'S A CHANGE IN THE CONDITIONS.

WE JUST, WE NEED TO CONFIRM WHETHER OR NOT THIS NOTICE IS SUFFICIENT TO ALLOW FOR THE BUILDING TO BE IN THERE AS THE NOTICE WAS SPECIFIC TO THE PATIO COVER.

LET ME ASK THIS QUESTION THEN.

IF WE MOVE IT FORWARD, JUST LIKE IT IS WITH, WITH THE EXISTING BUILDING NOT BEING ABLE TO BE REBUILT, UH, THE ODDS OF THAT HAVING THAT CATA CATASTROPHE PROBLEM ARE PRETTY SLIM.

UH, I THINK THE OWNER WOULD PROBABLY BE WISE TO GO AHEAD AND GET IT IN, GET HIS RESTAURANT RUNNING BEFORE THIS WEATHER GETS, UH, TOO HOT, GET THIS THING BUILT AND GET IN THERE AND THEN COME BACK AT A SECOND TIME OR ANOTHER TIME AND ASK FOR ANOTHER CHANGE.

WOULDN'T THAT MAKE MORE SENSE? MR. MR ROLLS IS CORRECT IN THAT THEY COULD, HE, IF IT WERE APPROVED AS PRESENTED, IF WE DETERMINED THAT WE CAN'T MAKE THAT MODIFICATION, UM, UH, UH, THE, THE APPLICANT, THE OWNER COULD COME BACK IT, YOU KNOW, COME BACK IN THREE MONTHS, COULD COME BACK IN A YEAR AT ANY TIME, AND MODIFY IT AGAIN FOR THE BUILDING IF HE CHOSE TO DO SO.

THAT'S WHAT YOU NEED TO DO.

I HAVE A QUESTION.

I FEEL LIKE, I MEAN, IT'S FRUSTRATING THE WAY WE ARE, YOU KNOW, MOVING FORWARD WITH THIS AND GOING BACK AND FORTH.

I FEEL LIKE

[00:40:01]

I SHOULD WORK FOR THE CITY SERIOUSLY.

SO WE KNOW THE PATIO GO WITH THE BUILDING.

WHY WOULD WE JUST PUT A REQUEST FOR SETBACK FOR JUST THE PATIO, NOT FOR THE BUILDING ALTOGETHER? I I DO NOT UNDERSTAND THIS.

WE CAN PUT A REQUEST IF THIS CAN BE THAT'S DONE, BUT WITHOUT DELAY, WITHOUT PULLING THIS BACK.

THAT, THAT'S, THAT'S EXACTLY WHAT WE'RE SUGGESTING IS THAT IF THE COMMISSION MAKES A RECOMMENDATION AS PRESENTED, WE CAN LOOK AT IF AS IT'S WRITTEN TODAY, WE IT CAN INCLUDE THE BUILDING.

THAT'S, THAT'S SOMETHING WE NEED, WE NEED, WE NEED TO ADDRESS THOUGH WITH THE CITY ATTORNEY.

I THINK THAT'S HOW IT SHOULD BE.

WE SHOULD DO IT CORRECTLY.

WE SHOULD NOT GO BACK AND FORTH THIS WELL, YEAH, I THINK THE, YOU KNOW, YOU ARE A LEGAL NON-CONFORMING, YOU'RE LEGALLY NON-CONFORMING BUILDING RIGHT NOW WITH THE RESTAURANT.

SO IT'S PERMITTED, THERE'S, YOU DON'T HAVE TO GET ANY SORT OF, THAT, THAT, THAT'S, THAT'S CORRECT.

YES.

THIS ONLY BECOMES AN ISSUE IF THE BUILDING IS EVER DESTROYED.

YEAH.

OKAY.

YES.

IT, IT IS ONLY IN THAT CIR UNDER THOSE, THAT CIRCUMSTANCE THAT YOU MIGHT BE AT RISK THE WAY IT'S CURRENTLY SET UP.

AND LET ME ASK YOU THIS, CHRIS, OF THE BUILDINGS THAT ARE LEGAL, NON-CONFORMING ALL OVER THE CITY, SAM AND CHRIS PROBABLY HAVE SOME FEEL FOR THIS.

HOW MANY OF THEM DO YOU THINK HAVE MADE OR HAVE ZONING, UH, ORDINANCES TO MAKE IT SO THAT THEY CAN WORK AROUND THAT NON-CONFORMING ISSUE? IS THAT SOMETHING THAT PEOPLE EVEN DO OR WORRY ABOUT? OR IS IT JUST LIKE THIS FREAKISHLY CAME UP BECAUSE WE NOTICED THIS NUANCE AND REACTED TO IT? OR IS IT LIKE, OH YEAH, LOTS OF PEOPLE HAVE THESE TYPE OF SITUATIONS AND IT IT HAPPENS ALL THE TIME IN THE CITY? YEAH, IT, IT'S NOT UNCOMMON TO HAVE THIS SORT OF SITUATION IN, IN A CASE WHERE A BUILDING IS BEING EXPANDED, THAT IN THAT CASE WE WOULD SPECIFICALLY SPEAK TO THE BUILDING BECAUSE IT'S AN EXPANSION OF A NON-CONFORMING STRUCTURE.

WHAT WE WERE TRYING TO DO HERE WAS MAKE IT VERY CLEAR THROUGH THIS NOTICE THAT THIS WAS THE ONLY CHANGE BEING MADE SO THAT THERE DIDN'T BECOME A DISCUSSION OF, WELL NOW WE'RE GRANTING A SETBACK FOR THE ENTIRE BUILDING.

AND THEN THAT COULD OPEN UP DISCUSSIONS AS TO, WELL, WHAT ELSE COULD THAT BUILDING BE IN THE FUTURE? WHAT IF IT'S NOT A RESTAURANT? WHAT IF IT'S, WE WERE TRYING TO MAKE IT AS SIMPLE AND AS CLEAR AS POSSIBLE AS TO WHAT THE ACTUAL REQUEST WAS FOR, AND IT WOULD LEAVE, WOULD LEAVE THE BUILDING.

I UNDERSTAND STAFF IS MINIMIZING ISSUES AND IT WOULD LEAVE THE BUILDING IN THE SAME STATUS IT IS TODAY, WHICH IS EXISTING NON-CONFORMING, AND THAT IT CAN CONTINUE TO REMAIN IN THAT LOCATION UNTIL SUCH TIME IT IS DEMOLISHED OR, UH, OR, OR IF IT WERE EVER DESTROYED.

UM, SO THAT, THAT WAS WHY IT WAS WRITTEN IN THAT MANNER.

UM, SO IF A MOTION IS MADE TO RECOMMEND AS PRESENTED WITH THE, WITH THE COMMISSIONS, UM, PREFERENCE TO ALLOW THE BUILDING AND THAT PART, AT LEAST BEING ON THE RECORD, THAT IS WHAT SAM AND I CAN TAKE A LOOK AT OVER THE NEXT FEW DAYS TO VERIFY IF WE CAN CONTINUE FORWARD AND INCLUDE THE BUILDING.

IF THE ANSWER IS THAT WE CANNOT INCLUDE THE BUILDING, THEN THAT DOES NOT DELAY YOU.

YOU CAN STILL MOVE FORWARD, GET APPROVAL FOR THE PATIO COVER AND COME BACK FOR THE BUILDING IN THE FUTURE IF YOU CHOSE TO DO SO OR NOT, BECAUSE AGAIN, UNTIL YOU DECIDE TO EXPAND THAT BUILDING OR DEMOLISH THE BUILDING, OR IT'S DESTROYED, IT WOULD NOT, IT WOULD NOT PLAY A ROLE IN I I I JUST DON'T WANT TO LET THIS ANYMORE MOVE FORWARD.

.

OKAY.

THANK YOU.

WELL THEN, UH, I'LL, I'LL MAKE A MOTION THAT, UH, WE APPROVE, UH, ZONING FILE 23 DASH 15 AS PRESENTED, UH, WITH A RECOMMENDATION TO, UH, LOOK INTO INCLUDING THE BUILDING IN THE, UH, UH, IN THE SETBACK, THE RESTAURANT BUILDING ADDITION AS WELL.