Chairman Soule asked the applicant if he had any objections to these exhibits being made part of the record. Mr. Sedlak replied “no”. Chairman Soule announced that these exhibits would be entered into the record. Mr. Ivy explained that the existing 2-story building was most recently used by a restaurant with restaurant space on the first floor and offices on the second floor; they propose to convert the entire building to restaurant space and incorporate a rooftop dining area. He indicated that the Central Business District Core Overlay does require a rear yard setback and that the existing building already encroaches about 2-foot, 3-inches into the 15-foot setback and that they will be staying within that existing footprint. Mel Disney asked if they would still need a variance if they simply remodeled. Louis Clayton replied “no”; adding that an interior remodel would not trigger the need for a variance. Mr. Ivy reiterated that they are staying within the existing building footprint and that the building is up to the north and south property lines. He indicated that the interior configuration of the building is awkward and that in order to meet Code, two separate exits from the roof to the ground are needed in the event of a fire. Louis Clayton informed the members that the issue here is the proposed rooftop alteration. Chairman Soule asked if the stair cases are an issue as well. Louis Clayton indicated that everything on the roof needs a variance. Mr. Ivy indicated that the stair is internal; he apologized for the confusion.

Mr. Ivy indicated that the stair is internal; he apologized for the confusion. Mel Disney asked if the stairs go to the grade to exit. Mr. Ivy replied “yes”, noting that the grade slopes at the rear. Mel Disney stated that he hopes the trash gets removed. A brief discussion regarding the exposed stair in the alley right-of-way ensued, which was noted is not a subject of the variance request. Mel Disney questioned if it is legal.

Liza Streett made a motion to approve 2-foot, 9 1/8-inch variance from the required rear yard setback of 15-feet to allow the construction of an addition to the existing building. The motion was seconded by Mary DeBenedetti and unanimously approved by the Board.

6

The variance was granted.

Mr. Sedlak informed the members that they will serve items from mini burgers to lobster and that he hopes to open next spring.

Chairman Soule wished him luck.

The members were informed that there will be a meeting in November.

Being no further business for this Board of Adjustment this evening, the meeting adjourned at 5:50 p.m.

_________________________ Recording Secretary