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Planning Commission Meeting <br />Minutes – Wednesday, March 05, 2008 <br />Page 11 <br /> <br />appropriate way to temporarily allow the deli and catering use on the property until a <br />comprehensive update of the City’s Zoning Ordinance could be completed. <br />Staff recommended APPROVAL of the requested INTERIM USE PERMIT, for Michael Schueller, <br />in conjunction with property owners Catherine and Riaz Hussain, to allow a deli and catering <br />facility at 1901 Lexington Avenue, based on the comments and findings detailed in Sections 4, 5 <br />and 6, and conditions outlined in Section 7 of the Project Report dated March 5, 2008. <br />Discussion included the process for renewing an Interim Use Permit, with staff advising that the <br />applicant would need to go through the Permitting process again; and rationale for staff <br />recommending a three-year term for the Permit, with staff indicating that this was the anticipated <br />timeframe for updating the City’s zoning ordinance. <br />Applicant, Michael Schueller <br />Mr. Schueller concurred with staff’s report; noting that it was their intent to close by 7:00 p.m. <br />each evening, with their main business during the lunch hour, in an effort to accommodate <br />neighbors. <br />Chair Baker asked Mr. Schueller if he was comfortable with the proposed three year timeframe. <br />Mr. Schueller admitted that he was somewhat uncomfortable with that timeframe, but eager to get <br />their business operating, and confident that revisions would be made to the zoning code during <br />that timeframe. <br />Mr. Lloyd advised that staff had received public comment from two (2) residents along Autumn <br />Street, both in opposition to the project. Mr. Lloyd noted that one was simply opposed to the <br />project in general, while the other party raised safety issues for children in the neighborhood and <br />increased traffic specific to this project. <br />Public Comment <br />Patrick Schmidt, 1140 Autumn Street, FAST (Foes of Autumn Street Traffic) <br />Mr. Schmidt presented written comments, dated March 5, 2008, representing FAST (Foes of <br />Autumn Street Traffic), attached hereto and made a part thereof. <br />Carolyn Bolen, 1120 Autumn Street <br />Ms. Bolen expressed concern and confusion regarding a pick-up window or drive-thru, and <br />wanted clarification. <br />Chair Bakeman clarified the difference between the two, and assured Ms. Bolen that the staff <br />recommendation did not include a drive-thru. <br />Ms. Bolen expressed further concern regarding parking on Autumn Street, noting that she was <br />concerned that vehicles would utilize adjoining neighbor driveways, and additional on-street <br />parking would create further safety issues. <br />Staff clarified that streets, if not designated and posted “No Parking” were public domain; but <br />clarified that the only access for this project would be on Lexington Parkway. <br />Ms. Bolen also questioned the location of proposed landscaping. <br />Mr. Paschke advised that landscaping would end at the property line, not extend to the curb, or <br />into the public right-of-way, and would include height limitations. <br />Ms. Bolen concluded by asking for sign specifications. <br />Mr. Paschke advised that the City’s sign code had requirements that would limit its location and <br />assured Ms. Bolen that staff would work with the applicant on appropriate and code-compliant <br />signage. <br />Mr. Schueller spoke to the hours of operation, noting that it was their intent to be open from 6:30 <br />a.m. to 7:00 p.m. on weekdays, with Saturday closure at 6:00 p.m. and Sunday closure at 5:00 <br />p.m. Mr. Schueller assured neighbors that no flashing signs were proposed. <br /> <br />