APPROVAL OF MINUTES

RON REIM – MOTION TO APPROVE BOTH MINUTES WITH THE CORRECTION. ROBERT DENLOW – SECOND

BOARD UNANIMOUSLY APPROVES THE MINUTES OF AUGUST 19, 2019

2 NEW BUSINESS

922 AUDUBON DRIVE – ARCHITECTURAL REVIEW BOARD – ACCESSORY STRUCTURE

Director Susan M. Istenes summarizes the following staff report: “The 8,800-square-foot site is located on the east side of Audubon Drive and has a zoning designation of R-2 Single-Family Dwelling District. The property currently contains an attached garage that will be converted to usable space. The proposed project consists of the construction of a 565-square-foot, 1.5 story detached garage in the rear yard.

The proposed area above the garage is under a sloped roof, meeting the requirements of a half-story. The project also includes additional concrete driveway pavement. The proposed plans will increase impervious coverage on the lot to 48.4 percent, which is still below the maximum 55 percent allowed in the R-2 zoning district.

The proposed garage will be constructed of building materials matching the existing primary structure on the property. The primary building material will be brick, and it is reported that it will match the house. It is also reported that the existing house has vinyl windows, which from the picture this appears to be true. Composite slate roof, an over-head sixteen paneled garage door and white vinyl windows are also proposed to match the house.

The project as proposed is in conformance with the requirements of the R-2 Single Family Dwelling District and the Architectural Review Guidelines, with the exception of vinyl windows. Staff is of the opinion that the design and materials of the detached garage are compatible with the home.

STAFF RECOMMENDATION IS TO APPROVE AS SUBMITTED.”

CHAD JONES (CJ) – Architect JIM AUBOUCHON (JA) - Architect

CJ – Addresses the Board but has nothing to add to the staff report.

CAROLYN GAIDIS – Concerned for the tree roots and would like to see efforts made to protect the existing tree. Would like to go on record saying that she would like to see the tree saved. The tree eats through its roots that are in the first 10-12 inches of soil and if it doesn’t eat it will die.

ROBERT DENLOW – MOTION TO APPROVE AS SUBMITTED WITH THE APPLICANT AGREEING TO MAKE A GOOD FAITH EFFORT AND PROVIDE THE CITY WITH DOCUMENTATION OF THE GOOD FAITH EFFORT TO SAVE THE TREES.

RICHARD LINTZ – SECOND

CHAIRMAN LICHTENFELD, RICHARD LINTZ, CAROLYN GAIDIS, ROBERT DENLOW, AND GEORGE HETTICH - AYE

RON REIM – NAY

8321 MARYLAND AVENUE – PLAN COMMISSION – RESTAURANT CONDITIONAL USE PERMIT

ROBERT DENLOW – MOTION TO APPROVE AS SUBMITTED WITH THE APPLICANT AGREEING TO MAKE A GOOD FAITH EFFORT AND PROVIDE THE CITY WITH DOCUMENTATION OF THE GOOD FAITH EFFORT TO SAVE THE TREES. RICHARD LINTZ – SECOND

CHAIRMAN LICHTENFELD, RICHARD LINTZ, CAROLYN GAIDIS, ROBERT DENLOW, AND GEORGE HETTICH - AYE

RON REIM – NAY

8321 MARYLAND AVENUE – PLAN COMMISSION – RESTAURANT CONDITIONAL USE PERMIT

3 Director Susan M. Istenes summarizes the following staff report: “The subject property is located on the north side of Maryland Avenue between Crandon Drive and Lancaster Drive. The property has a zoning designation of C-1 Neighborhood Commercial and is located in the Maryland Gateway Overlay District. The restaurant space measures 1,489 square feet. Seating for patrons will not be provided due to its size; it will be for carry out and delivery only. No liquor license will be requested. The space is part of a multi- tenant building and the other tenants currently are Regions Bank and Mercy Urgent Care. The applicant will be vacating their current existing space on 23 North Bemiston Avenue due to future redevelopment.

The restaurant will be open seven days a week from 10:00 a.m. to 11:00 p.m., Sunday through Thursday and 10:00 a.m. to 12:00 a.m., Friday and Saturday. The restaurant concept is the same as the existing restaurant which serves sandwiches, salads, and pizza, except there will be no seating available.

The applicant is proposing deliveries to the restaurant be made between 9:00 a.m. and 12:00 p.m. on Tuesdays, Thursdays and Saturdays. Trash will be stored in existing containers located in the rear of the building. The applicant does intend to participate in a recycling program.

Exhaust will be vented to the roof.

Conditional uses are those types of uses that are considered to be desirable, necessary or convenient to the community but which by their nature can create additional traffic volume, parking demand beyond the development's capacity, and/or a detrimental impact on adjacent or neighboring properties due to noise, pollutants, or other characteristics associated with that particular use. Restaurants are permitted in this zoning district subject to approval of a conditional use permit as per Article VII of this Chapter and the following criteria:

1) The proposed use is compatible with surrounding uses and with the surrounding neighborhood; >> The proposed restaurant is located along a pedestrian oriented block. The surrounding land uses include a bank, restaurants, retail and single family residential. The proposed use appears to be compatible with surrounding uses. 2) The comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood; >> The proposed size of the restaurant is 1,489 square feet and is smaller than many other restaurant spaces along Maryland Avenue; however, this is an existing space and building with a massing that is compatible with the surrounding neighborhood. 3) The proposed use will not adversely affect the general appearance of the neighborhood due to the location of the proposed use on the parcel of ground or due to the materials used in the construction of any proposed buildings being greatly dissimilar to surrounding appearances of buildings or due to the architecture of any proposed building being of such nature as to create visual disharmony within the neighborhood; >> No exterior alterations are being proposed at this time. The applicant has indicated their intent to apply for exterior alterations (venting, roof screening and signage) in the future.