Citation in context
April 12, 2016 — Meeting Minutes
Cited passage
04-12-16 BOA Minutes April 12, 2016 Page 3 of 9
Mayor Sanger closed the public hearing. Alderman Garnholz moved to amend Resolution No. 16-07 to change the hour to end the music at 7:00 p.m. instead of 8:00 p.m. Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz moved to approve Resolution No. 16-07, considering an amendment to the conditional use permit for Peno Restaurant located at 7600 Wydown Boulevard to allow outdoor music and as previously amended. Alderman Winings seconded. The motion passed unanimously on a voice vote. PUBLIC HEARING AND a RESOLUTION TO CONSIDER APPROVING A transfer of CONDITIONAL USE PERMIT LOCATED AT 7610 WYDOWN BOULEVARD
Mayor Sanger opened the public hearing and asked for proof of publication. City Manager Owens This is a public hearing to consider approving a resolution for a transfer of a Conditional Use Permit from JOTR, LLC, d/b/a Yo My Goodness to ZOE V, LLC, d/b/a Billie-Jean at the subject location. A Conditional Use Permit was issued in March, 2014, for the operation of Yo My Goodness, a self-service yogurt shop. Yo My Goodness recently vacated the premises and Zoe Robinson, restaurant owner, is requesting a transfer of the Conditional Use Permit to allow the operation of a new restaurant to be known as Billie-Jean. The Conditional Use Permit issued for the operation of Yo My Goodness prohibited cooking on the premises and limited the hours of operation to between 11 a.m. and 9 p.m.
There will be a variety of music, i.e. blue grass, blues, jazz, etc. He would like this to be a benefit to the community as well as promoting his restaurant. The hours scheduled to perform would be 4:00 p.m. to 8:00 p.m., but is willing to stop the music at 7:00 p.m. if that would help. Ms. Hyran Son, 7560 Wydown Boulevard, addressed the Board stating that she resides on the third floor of her building and that she would have an issue with a band playing outside on Sunday evenings during her rest times. She feels that the noise would not be a benefit to her. Ms. Lisa Cakmak, 7559 Byron Place, addressed the Board with her concerns of trying to put her baby to sleep at 7:00 p.m. during the band performance every Sunday night. Mayor Sanger clarified that the band would only be playing one Sunday for four months. Ms. Cakmak acknowledged her error and thanked him for the clarification. She said that since it was only one Sunday a month for four months then that would be okay for her. Alderman Lintz commented that the noise volume is very critical in maintaining a comfortable level for the neighbors who may not participate or support the proposal. He asked if there was a way to monitor the noise. Alderman Berkowitz commented that the restaurant is proposing the music for just four Sundays throughout the summer months, June – September. He pointed out that this particular restaurant location has been difficult for past restaurants to succeed.
Alderman Berkowitz commented that the restaurant is proposing the music for just four Sundays throughout the summer months, June – September. He pointed out that this particular restaurant location has been difficult for past restaurants to succeed. He feels that this is a good promotion to help its survival and is a way to boost its food sales. Alderman Boulton commented that she agreed with Alderman Lintz. She relates to the noise concerns and recalled an instance while living at The Plaza, she contacted, Brazikat Restaurant to ask that they turn down the loud music. In response to Mayor Sanger’s question, Susan Istenes noted that the conditional use permit is structured that the music would be allowed for the months of June, July, August, and September 2016 (one Sunday a month) only. In response to Mayor Sanger’s request, Mr. Kehm agreed that he would coordinate his Sunday schedule so that it does not fall on the same Sundays as the Music at Oak Knoll Park events.
Yo My Goodness recently vacated the premises and Zoe Robinson, restaurant owner, is requesting a transfer of the Conditional Use Permit to allow the operation of a new restaurant to be known as Billie-Jean. The Conditional Use Permit issued for the operation of Yo My Goodness prohibited cooking on the premises and limited the hours of operation to between 11 a.m. and 9 p.m. Billie-Jean will be a full-service restaurant and proposes to operate from 5 p.m. to 1 a.m., Tuesday through Saturday. Properties to the north and south are residential. Properties to the east and west are commercial. Notices of this hearing were mailed to property owners within 200 feet of the subject property. Recommendation is to approve the requested transfer pursuant to the conditions contained in the Resolution. In response to Mayor Sanger’s question, Zoe Robinson, owner, addressed the Board stating that her other restaurants close at 12:00 midnight. She stated that the new restaurant would have hours of 5:00 p.m. to 1:00 a.m. noting that her customers probably would not stay until 1:00 a.m. Susan Istenes confirmed that Bar Les Freres’ hours are 4:00 p.m. to 12:00 a.m. Ms. Robinson further explained that the new restaurant is small, featuring contemporary American food, specifically a sophisticated, casual bar business. Nada Frender, 7616 Walinca Terrace, addressed the Board stating that there is no buffer from the noise and is concerned about the noise that will come from the patio seating especially with the 1:00 a.m. closing hour.
Robinson further explained that the new restaurant is small, featuring contemporary American food, specifically a sophisticated, casual bar business. Nada Frender, 7616 Walinca Terrace, addressed the Board stating that there is no buffer from the noise and is concerned about the noise that will come from the patio seating especially with the 1:00 a.m. closing hour. She requests that the Board place a time limitation on the patio seating due to the possibility of a noise nuisance. In response to Alderman Garnholz’s request, City Manager Owens explained that there is an application process for outdoor dining and if the applicant met the criteria then it would be approved administratively adding that it is typically the same hours as the restaurant unless defined otherwise.