A regular meeting of the City of Washington Zoning Board of Appeals was called to order at 6:30 p.m. in the Training Room at Fire Station No. 1 by Chairman Mike Brownfield.

Answering present for Roll Call were ZBA members Mike Brownfield, Lori Weston, Dick Rich, Doug Weston and Stephen Scott. Members absent included Louis Milot and Mark Lee.

Also present was Building & Zoning Supervisor Becky Holmes and City Clerk/ZBA Secretary Carol Moss, petitioner Christy Webb, David Webb and a representative of Monge Realty, property managers for the subject property.

Lori Weston moved and Dick Rich seconded to approve the minutes of the May 23, 2007 ZBA meeting, as presented. Motion carried unanimously by voice vote. 

Case No. 092607-V-1 - A public hearing was opened at 6:30 p.m. for the purpose of hearing comment regarding the variance request of Robert Schierer/Christy Webb for a rear yard variance for the construction of a deck on a portion of the rear of the existing location at 1219 Peoria Street.

Proof of publication was provided and City Clerk Moss reported no one filed an Appearance Form.

B&Z Supervisor Holmes explained that the variance request is for ten foot rear yard variance for the construction of a 12' x 30' deck on a portion of the rear of the building addressed as 1219 Peoria Street. Required rear yard in C-2 is 22' off of the rear property line. The subject property is zoned C-2 and the undeveloped property immediately behind the building is zoned R-1. Staff recommendation was for the denial of the rear yard variance request because the petitioner would be able to receive reasonable return on the property without the addition of the deck because there has been a bar at this location for a number of years without the outdoor seating. There does not appear to be unique circumstances because although the rear yard is shallow the current building meets required setback of 20'. The character of the neighborhood would be altered because even though there is a commercial building to the west of the property which projects further into the rear yard setback than what the proposed addition will encroach, the adjacent properties behind that property are zoned C-2 and not R-1A. As the City understands, the state wide smoking ban would not allow smoking within at least fifteen feet of places of employment and public places, including but not limited to beer gardens. Upon implementation of the statewide smoking ban on January 1, 2008, it is the belief of the City that the beer garden would not be able to be utilized as a legal smoking area, which would negate the primary hardship indicated on the application. The City is in the process of drafting a beer garden ordinance which would include regulations regarding the location of such operations; minimum setback distances a limit on square footage, additional off-street parking requirements and the need for security fencing. The proposed solution to the applicant's hardship would not be consistent with the states smoking ban and likely would not meet all of the City's requirements to construct a beer garden. B&Z Supervisor Holmes stressed to the ZBA members that the request for this variance and the ZBA action on this variance should have absolutely nothing to do with the construction of a beer garden or with the smoking ban. All that the ZBA should be considering is the variance request.

Christie Webb stated that in order to add the deck they need the variance. Chairman Brownfield asked if the variance is not granted what are her alternatives and Webb replied she does not have any other alternatives.

B&Z Supervisor Holmes reiterated that the ZBA should look only at the issue of the variance and not what the deck might be used for. She also pointed out that R-1 zoning is located directly behind this property and would a deck on the rear of the property be intrusive to R-1 use.

David Webb said that it is impossible to divorce from the fact of what the deck will be used for. The petitioners will be severely hurt with a 'no' vote. The intended use cannot be taken completely out of the picture. Chairman Brownfield pointed out that all the ZBA can look at is the granting of the variance. They cannot be concerned or even consider what is going to be done if the variance is granted. Board member Scott stated that until the smoking issue is resolved there is no hardship here. Chairman Brownfield asked if the variance is approved, are the petitioners going to proceed with a deck, even though the smoking issue has not been resolved. Christie Webb replied they will proceed with the deck and David Webb indicated that a deck on the rear has always been in the plan. Christie stated that there have been many discussions with Monge Realty representatives regarding them adding on a deck. The representative present from Monge Realty stated that there have been numerous requests by the Webb's to expand. Additional expansion plans have been looked at and Mr. Schierer is agreeable to those plans.

Chairman Brownfield asked Christie who they consider their competition and Christie replied Kep's, Brogy's, Katy T's, Bernardi's, Parish's, anyone who has the ability for patrons to go out and enjoy the outside. She said she just wants to be on an even playing field with her competition. She was reminded that neither Bernardi's nor Parish's have any type of outdoor area for patrons to go.

The public hearing was closed at 6:45 p.m.

Board member Scott said he is concerned with granting the variance and a deck being built right next to residential. Board member Doug Weston stated that anyone developing that R-1 property would know beforehand that a deck for a bar was only so many feet from the property line.

Lori Weston moved and Doug Weston seconded to approve a ten foot rear yard variance request of Robert Schierer/Pat & Christy Webb for the construction of a deck on the rear of an existing building, specifically at 1219 Peoria Street.

Finding of Facts - The Board found that application was made by the owner and the occupants of the real estate located at 1219 Peoria Street; proper fees were paid, the property is zoned C-2; a variance is requested in order to construct a deck on a portion of the rear of 1219 Peoria St; a public hearing was held on Wednesday, September 26, 2007; proper notice was provided and published as required; the property was posted; no Appearance Forms were filed; all persons were given the opportunity to be heard; there were no objections to the granting of the variance; reasonable return cannot be realized because the business has grown and outside space is needed in order to show profit; the plight of the owner is due to unique circumstances because there is no outdoor eating area for this establishment and three of their four competitors have outdoor areas; the variance, if granted, will not alter the essential character of the locality because the deck is in the rear and faces a cornfield.

On roll call on the motion to grant the Special Use as recommended, the vote was: 
Ayes: 5 Rich, Scott, D. Weston. L. Weston, Brownfield 
Nays: 0 
Motion declared carried.

There was no additional business to come before the ZBA and at 6:48 p.m. Mr. Rich moved and Ms. Weston seconded to adjourn. Motion carried unanimously by voice vote.

**************************************************