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HomeMy WebLinkAboutRP 85-01A; THE ALLEY BAR COCKTAIL LOUNGE; Redevelopment Permits (RP) (2)STEPHEN M. LHEUREUX ATTORNEY AT LAW 2111 PALOMAR AIRPORT ROAD, SUITE 300 CARLSBAD. CALIFORNIA 92009-1432 TELEPHONE (619) 431-2788 FAX (619) 438-7888 August 20, 1993 Honorable Claude "Bud" Lewis Mayor and Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 !<H AUG 2 3 1993 CiS rily of Cirlsbad C~/ Re: Parking within the Redevelopment Area Dear Mayor and Council Members: On behalf of the Village Faire merchants, I wish to bring to your attention what appears to be an inequitable application of your parking ordinance within the Redevelopment Area. I am specifically referring to the recent approval by the Design Review Board of a Minor Redevelopment Permit to allow an expansion of The Alley without requiring them to provide for additional off-site parking. This decision was made despite the recommendation to the contrary by your staff, and your recent decision involving Fish House Vera Cruz. Not only was this action patently unfair to the other businesses within the immediate area who have being required to provide off-site parking, but it directly contravenes your own parking ordinances. The Village Faire merchants are troubled by the fact that this business, which is basically a restaurant, has been allowed to expand its restaurant use while not being required to provide additional parking. You certainly would not allow this to occur at the Village Fair, or at Fish House Vera Cruz, or at any of the other restaurants in town, so why should this business be afforded preferential treatment? The rationale used by the Board in approving the requested parking waiver sets a very bad precedent, and will undoubtedly be cited by other businesses as justification as to why they to should not have to provide off-site parking. I understand that a food type of business is seeking to open on Grand Avenue in the space formerly occupied by Richard's Art Frames and A World of Travel. Will they also be given a waiver, or will they be required to participate in a parking district as was required of Fish House Vera Cruz? This is an important August 20, 1993 Page 2 issue, as it puts those businesses that have been required to pay for off-site parking at a competitive economic disadvantage with those that are not required to do so. For example, each month the tenants at the Village Faire are paying as part of their common area expenses, approximately IOC a square foot of leasable area just for off-site parking. In light of the parking conditions that are being placed on some business by not others, it would appear that a double standard is being developed as it applies to off-site parking. Based on the rationale articulated at the hearing, it appears that the Design Review Board has now started to grant exceptions to the parking ordinance without your direct approval or direction, and if not stopped, will only lead to problems and discontent within the Redevelopment Area. It is therefore requested that the Council take steps to immediately see that any deviation from the requirement of providing on or off-site parking within the Redevelopment Area be made only by the Council. Additionally, Staff should be given explicit direction to give completion of the parking inventory a highest priority. Finally, it would appear that it is necessary for the Council to make it crystal clear to both the Staff and the Design Review Board that further "exemptions" to the parking ordinance, such as the one given to The Alley, will not be tolerated. Additionally, it is believed that The Alley has expanded its restaurant operations beyond that as represented to the Design Review Board. If this is true, then the rationale used to approve the project, dubious as it was, becomes even more seriously flawed. Therefore, close and careful monitoring by the Code enforcement department would certainly be warranted. Very truly y^ Stephen M. L'Heureux SML/kkb c. All Village Faire merchants Fish House Vera Cruz Carlsbad City Manager Director of Housing and Redevelopment Community Development Director January 6, 199^ TO: DESIGN REVIEW BOARD FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: RP 85-1(A)- "THE ALLEY" - Request to amend and extend a minor redevelopment permit to allow a bar/cocktail lounge with revised hours of operation and live entertainment, including piano and dance floor, located at 421 Grand Avenue in the Village Redevelopment Area. I. STAFF RECOMMENDATION Staff recommends that the Design Review Board APPROVE Resolution Nos. 202 and 203 granting exemptions from the number of off street parking spaces and proximity to another liquor dispensing operation. In addition, APPROVE Resolution No. 204 approving amendments to, and extension of, RP 85-1 with conditions to ALLOW a bar/cocktail lounge with revised hours of operation and live entertainment, including piano and dancing, at an existing 1200 square foot establishment located at 421 Grand Avenue in the Village Redevelopment Area. II. PROJECT DESCRIPTION AND BACKGROUND The Design Review Board considered and approved a minor redevelopment permit on February 14, 1985 for a change in use of property located at 421 Grand Avenue from retail/commercial to a restaurant (Dick's Place) with beer, wine, and liquor. When originally considered by the Design Review Board, the members were concerned about the restaurant becoming an undesirable bar (or cocktail lounge). Therefore, they approved the original permit with the condition that no video games, pool tables or live entertainment be allowed within the establishment. Also, the hours of operation for the restaurant were limited to 11:00am to 11:00pm on weekdays and 11:00am to 1:00am on weekends and holidays. Since the building in which the noted business is located has no on-site parking, the issue of parking was also an original concern to the Design Review Board. The building was approved for retail uses which have a parking requirement of 1 space per 300 square feet of gross floor space. A restaurant has a parking requirement of 1 space per 100 square feet of gross floor space. In an effort to revitalize the Village Redevelopment Area, the Board agreed to allow the restaurant based on the fact that there was adequate public parking within 3 00 feet of the business. As stated previously, the original redevelopment permit approved a restaurant use at the noted location. Since the time of the original approval, the restaurant has been converted to a cocktail lounge, known as "The Alley". This cocktail lounge has been operating at the noted location with approved business and liquor licenses for nearly 8 years without incident. The owners provide food service to the bar patrons from adjoining restaurants, specifically the Caldo Pomodoro and Deveney's Cafe; however, this does not meet the definition of "bona fide eating establishment" (restaurant) as outlined with Section 21.04.056 of the Carlsbad Municipal Code. Due to the conversion from restaurant to bar, the current use of the property at the noted location is "non-conforming" for the purposes of code enforcement. Based on the fact that the current redevelopment permit for the noted property stipulates the use to be a "restaurant" and not a "bar/cocktail lounge", the operators of "The Alley" have requested an amendment to, and extension of, the permit to allow their existing bar use to continue with appropriate approval from the Design Review Board. In addition, they would like the conditions of approval to be amended to allow live entertainment (piano bar), dancing and extended hours of operation as follows: 6:00am to 2:00am, Monday through Sunday, including all holidays. The operators of "The Alley" would also like to eventually expand their facility to include approximately 600 square feet of additional space which would primarily be used for a dance floor (if approved). The application for an expansion of the cocktail lounge will need to be processed according to standard planning procedures and is not set for review by the Board at this time. However, the operators would like to obtain some initial feedback from the Design Review Board as to the issues the members believe need to be addressed as part of the expansion application. For example, the operators would like to know if parking will be an issue for the Board. III. VILLAGE DESIGN MANUAL AND REDEVELOPMENT PLAN CONSISTENCY The use is consistent with the Village Design Manual and Redevelopment Plan for the Village Redevelopment Area. The noted business is located within Subarea 1 of the Village Redevelopment Area. The uses allowed in this area are the same as those allowed within the C-1, C-2 and R-P zones as indicated in the Carlsbad Municipal Code. Although not permitted by right, bars or cocktail lounges are allowed, within the C-2 zone, through the conditional use permit (or redevelopment permit) process. The Design Review Board has the authority to approve the proposed use if the business operator meets applicable code provisions as outlined within Section 21.28.015. The existing business meets all code provisions for a bar/ cocktail lounge except for the following two conditions: 1. Parking shall be provided at the rate of not less than one space per fifty square feet of gross floor area; 2. No licensed liquor dispensing operation shall be located within five hundred feet of any other licensed liquor dispensing operation not meeting the definition of a bona fide eating establishment. Since there continues to be adequate public parking within 300 feet of the business, staff finds that the existing parking is satisfactory. The use has not been intensified in such a manner as to require additional parking. Although "The Alley" bar is, in fact, within five hundred feet of another licensed liquor dispensing operation (Ralph & Eddie's) not meeting the definition of a bona fide eating establishment, the Housing and Redevelopment Department and the Police Department have received no complaints regarding the existing bar and find that an exemption from the above condition (#2) is acceptable in this situation. Staff finds that with the above two exemptions "The Alley" bar complies with all applicable code provisions within the Village Design Manual and Carlsbad Municipal Code. The Village Design Manual allows the Board to grant an exemption in the number of required parking spaces whenever it finds that there is sufficient public parking within a reasonable distance as provided by the City or other governmental agency or when the subject property is within a parking district and the Board believes that sufficient parking will be provided within a reasonable time by the City or other public agency. The proposed use is currently located within 300 feet of four public parking lots. Also, as part of the new Master Plan for the Village Redevelopment Area, the building in which this use is located will most likely be included in a parking district to provide additional public parking in the area. Fortunately, this use is also located within 300 feet of the proposed Transit Center which will provide additional public parking within two years. Per CMC Section 21.35.130 and the Village Redevelopment Plan, the Board is authorized to grant exceptions/exemptions from the limits, restrictions, and controls established for the Village Redevelopment Area, for minor redevelopment projects, whenever it finds that: 1) The application of certain provisions would result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan. The building in which the proposed project is located has been built from property line to property line. The entire building would need to be demolished and rebuilt in order to provide the reguired parking; this action is both impractical and would create an unnecessary financial hardship for the property owner. The overall goal of the Village Redevelopment Project is to create a pleasant, attractive, accessible environment for living, shopping, recreation, civic, cultural and service functions. The proposed project is consistent with this goal. 2) There are exceptional circumstances or conditions unigue to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions and controls. The noted property is unique in that it is historically significant and the City would not want to encourage the demolition of the building for the purposes of providing on- site parking. Therefore, it is necessary for the City to allow exceptions to the noted standards in order to ensure that the building is preserved as well as remains functional on a long term basis. The building is the original Los Diego Hotel built in 1925 by Roy and Idella Chase. In 1985, the building was restored to its original character. 3) The granting of an exemption will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area. The bar has been in operation for approximately 8 years without incident. Staff is not aware of any complaints from surrounding property owners regarding operations of the bar/cocktail lounge. The bar is, and will be, operated in a manner which prohibits any activity which might be injurious or materially detrimental to the piiblic welfare, other properties or improvements in the Village. 4) The granting of an exemption will not contradict the standards established in the Village Design Manual. The proposed use is consistent with the Village Design Manual. Uses allowed within this area are those which are allowed by the C-2, C-1 and R-P zones. Bars/cocktail lounges are allowed within the C-2 zone through the redevelopment permit process. The Village Design Manual reguires that adequate provisions for off street parking be provided when any building or structure is erected, enlarged or intensified in use. However, the Design Manual also encourages innovative methods of providing off street parking. Since the building is not being enlarged and the use is not being intensified at this time, the granting of the noted exemptions will not contradict the standards established within the Village Design Manual. In granting exceptions/exemptions, the Board may impose such conditions as necessary to protect the public health, safety and welfare. Since the Board has the authority to do so, staff recommends that the Design Review Board approve Resolution No. 202 to exempt the proposed use from the off street parking requirement and Resolution No. 203 to exempt the project from the requirement stipulating the proximity (greater than 500 ft.) to another liquor dispensing operation with the findings and conditions noted therein. IV. GENERAL PLAN CONSISTENCY The project is consistent with the goals and objectives of the various elements of the General Plan because it assists in the City•s/Redevelopment Agency's effort to create a strong pedestrian orientation and foster a community concept. The noted use creates an opportunity for persons to meet and socialize in < casual environment which is beneficial to the continued revitalization of the Redevelopment Area. Due to its location, the project attracts pedestrian traffic which is encouraged in both the General Plan and the Village Design Manual. V. PARKING ANALYSIS The issue of primary concern with most projects in the downtown area is parking. As stated previously, the building in which this project is located provides no on-site parking. However, there are four public parking lots (with a total of approximately 82 spaces) within 300 feet of the business. Therefore, when the concern about parking was initially raised with approval of the restaurant (Dick's Place), the Design Review Board agreed to accept staff's recommendation to approve the project. The current parking requirement for restaurants is one space per 100 square feet of gross floor space. The parking requirement for bars/cocktail lounges is 1 space per 50 square feet of gross floor space. Therefore, the bar has a related on-site parking requirement of 24 spaces. The previous restaurant use was granted a public parking credit of 12 spaces. The bar requires a public parking lot credit of 24 spaces. Since the bar has been operating for nearly eight years without incident or complaints regarding parking problems, staff believes that there is adeguate parking in the area to meet existing parking needs/requirements for this business. Also, the high peak time for the bar is evenings after 6:00pm. Due to the fact that a majority of the other businesses in the area close by 6:00pm, the public parking lots are much more accessible to patrons of the bar and there is minimal impact on the public parking lots during the day. Since the proposed use will not intensify the uses in such a manner as to require additional parking at this time, the existing parking is satisfactory under the provisions of the Carlsbad Municipal Code Title 21. VI. ENVIRONMENTAL REVIEW Since the project involves no expansion or alteration of the exterior of the structure, the Planning Director has determined that the project is exempt from environmental review as stated in Section 15303 of the California Environmental Quality Act. VII. CONCLUSION Staff, the Master Plan Advisory Committee and Cannon Design Group, the Consultant for the Master Plan, are all supportive of activities which encourage establishment of a "night life" (6:00pm to 12:OOpm)/evening entertainment within the Village. The live entertainment approval requested by the current bar owners is consistent with the encouraged activities supported by the Master Plan Advisory Committee. Since staff is not aware of any problems created by the existing use and/or activities within "The Alley" business establishment, we can support the owners request for an amendment to, and extension of, minor redevelopment permit 85-1 at this time to allow the continued use of a bar/cocktail lounge within the existing 1200 square foot retail suite at 421 Grand Avenue with live entertainment and dancing. Staff would like to note that the amendment to the noted permit, if approved by Design Review Board, does not allow the expansion of the bar/cocktail lounge, beyond its current size, without further review and approval by the Design Review Board. To expand the use, the owners will be required to submit a separate redevelopment permit application and participate in the normal project approval process. For minor projects defined in Section 21.35.080, the Design Review Board shall consider the evidence and by resolution approve, conditionally approve or deny the project. Such determination shall be made in accordance with the Municipal Code, the General Plan and the Carlsbad Village Area Redevelopment Plan and the Village Design Manual. With the two exceptions/exemptions noted previously, the proposed project meets all applicable standards/codes as outlined within the Carlsbad Municipal Code, Village Design Manual and Village Redevelopment Plan. Therefore, staff recommends approval of Resolution Nos. 202, 203 and 204 approving appropriate exceptions/exemptions, amendments and the extension of RP 85-1 for the continued use of property located at 421 Grand Avenue for the purpose of operating a bar/cocktail lounge ("The Alley"). EXHIBITS; 1 - Design Review Board Resolution No. 202 2 - Design Review Board Resolution No. 203 3 - Design Review Board Resolution No. 204 4 - Request from Ms. Windy Sparks Paris for amendment to RP 85-1 5 - Location Map with Public Parking Lot Identification 6 - Site Plan EXHIBIT 4 10-30-92 ppslg" Review Bofit-cl Ralley Moble*Chalttnan Dear Board Members: Amr^nd Permit ^85-1 potentlnl flhd tl.l9 Is " ^^l"?' „y „atto..a dt the Alley, 1 irtve made d Cli^.„„h"V bdt lb Is d hlscfe U 1. not Just ahotl-er "ft",^^ ^tlng ^ d';, M -"eet «l,ere people teel """ff^tf^! L "^is, tUHtilhg bH Ihfe fcedch, Allen 1 feel ^riX^^hS'Al^:M': jHri^C.^^Lt- 1 Imve worked t,er, Imrd k° ? '''Lu wf.Ub sl.oiiMHg ill H'^ Me e..tat,llsl,ment ^JJ/^"^ o J helfel.SStlhg tesldUr- r:^:^^: .i^t^::.riir. ..d ;.e t..i. .etviee I l,nve n-ride The Allej d ^P^^^^J^J^^^ttihg dhd the "eas, talnraent. ^dt^ons enjoy the ^^''^.Tf^/atttdct^ ^eot^le M,o H ,tenlng" .n«slt we Pt^'id^; jf ^ {///te "a.-d v/ht to enjo, |,n,P lust come from dinner or thte theater. a ^g^uests . coJtorlable night ot f «^«"tertalhment ""^'^^Jj a dance fl"";;' , bodtd to dUow me to give tny cUst-I am appealliig to tne """"^ , • ^yg^j. ^nd d „„er.. what the, wan . f,^^^M/fu^? " fledse dlloW, cnl-aret llcel.se would alloW ^^ri d hic" L dbUshweHt iH which ^^%^]^ra"n :Lring^:i1rU.?^l«.eh't'^d^d1dncl„g. Than. yo. Sincerely, Call (Windy) Tarls L<XATIONMAP EXHIBITS PUEi o > at "THE ALLEY" I RP85-1(A) EXHIBIT 6 "THE ALLEY" RP85x^\ r "THE: ALUOW ' I f 4 I trt i 9'/a/e 9'fue/ December 24, 1992 TO: Senior Management Analyst Fountain FROM: City Attorney STAFF REPORT FOR "THE ALLEY"/RP 85-1(A) Please add findings to the resolution which are required by CMC Section 21.35.130 for an exemption to the standards in the Village Design Manual. These findings should also be discussed in the staff report with a reference to CMC Section 21.35.130 as the authority for the exemption. The facts and the findings must support both exemptions which are being approved, i.e. the parking exemption and the exemption for the proximity to another liquor dispensing operation. If you have any questions or comments, please let me know. Page 2 of the staff report states that if the applicants return with a request for an expansion, staff will recommend that the operators "share the lease costs of public parking spaces if they are going to receive parking credit for them." The City Attorney does not recommend that the City lease public parking spaces. I know that this was done for Fish House Vera Cruz, but the City Attorney does not think it should be continued as a policy. Instead, he recommends that a parking survey be done to factually determine if there is excess public parking for which business may receive credit. He does not recommend that they actually lease space in the public parking lots to receive this credit. It would be better to delete this reference from the staff report and address the issue at the time the new application is considered. KAREN J. HIRATA Deputy City Attorney rmh c: Community Development Director Housing and Redevelopment Director December 22, 1992 TO: FROM I COMMUNITY DEVELOPMENT DIRECTOR DEPUTY CITY ATTORNEY, KAREN HIRATA ENGINEERING DEPARTMENT, BOB WOJCIK PLANNING DEPARTNENT, GARY WAYNE FIRE DEPARTMENT, MIKE SMITH BUIIJ)ING DEPARTMT!WT^ PAT THgT.T.V CpeGCE DEPARTMENT. JODEE SASWA^ WATER DISTRICT, BOB COATES HOUSING AND REDEVELOPMENT DEPARTMENT, DEBBIE FOUNTAIN REQUEST FOR AMENDMENT TO MINOR REDEVELOPMENT PERMIT 85-1 Housing and Redevelopment Department Staff received a request from the operators of "The Alley", 421 Grand Avenue, to amend their existing minor redevelopment permit (85-1) to allow their bar/cocktail lounge to continue to exist with live entertainment and dancing and with appropriate approval from the Design Review Board. The operators ultimate goal is to receive approval to expand their business. However, at this time, they simply wish to "clean up" the existing permit to allow them tp operate with the appropriate approval- . Attached is a report prepared by Housing and Redevelopment Department staff for review by the Design Review Board on January 6, 1993. Please review the report and let me know if you have any comments or conditions which should be incorporated into the resolution approving the project. Your comments are needed by December 30, 1992. Thanks for your help!1 If you have any questions, please contact my office at extension 2935. DEBBIE FOUNTAIN c: Housing and Redevelopment Director -rue U^-r THO ^"^^f^-,^ [ CRIME PREVENTION NOVEMBER 4, 1992 TO: HOUSING AND REDEVELOPMENT SENIOR MANAGEMENT ANALYST DEBBIE FOUNTAIN FROM: City Attorney REQUEST FOR AMENDMENT TO RP 85-1 TO ALLOW PIANO BMt AND DANCING AT "THE ALLEY" Thank you for sending me the draft staff report and resolution for the above-referenced amendment. I have the following comments: 1) It is not legal to have a permit that is extinguished upon transfer of the property. Permits "run with the land" under the law. Therefore, the language in the staff report and in the resolution which states that the approval is "not automatically extended to any new owners of the establishment" should be deleted. 2) There must be facts to support each finding. There are little or no facts to support the findings in the resolution. The staff report should state that the project is consistent with the goals and objectives of the Village Area Redevelopment Plan and the Village Design Manual and the goals and objectives of the General Plan, and state why this is true. The staff report should also include facts to support Finding No. 3 which states that the project is compatible with surrounding land uses. If there are no facts presented to the Design Review Board to support a finding, the finding is invalid. 3) The first sentence in the staff report states that the Design Review Board is "conditionally approving an amendment". This has a different legal meaning than "approving an amendment with conditions." The Design Review Board does not have the power to conditionally approve an amendment. It can only approve an amendment with conditions. If you have any questions or comments please let me know. KAREN J. HIRATA Deputy City Attorney afd c: Housing & Redevelopment Director Community Development Director November 3, 1992 TO: DEPUTY CITY ATTORNEY, KIOIBN HIRATA SENIOR PLANNER, ROBERT GREEN FROM: SENIOR MANAGEMENT ANALYST, DEBBIE FOUNTAIN REQUEST FOR T^ENDMENT TO RP 85-1 TO ALLOW PIANO BAR AND DANCING AT EXISTING DRINKING ESTABLISHMENT, "THE ALLEY" The owners of "The Alley" drinking establishment located at 421 Grand Avenue have requested an amendment to their existing redevelopment permit to allow a piano bar and dancing. Live entertainment is currently prohibited as a condition of the original redevelopment permit approved in February, 1985. Attached is a draft report for the Design Review Board to consider the noted request from "The Alley" owners. Please review the attached report and forward your comments to my office by November 10, 1992. I would like to schedule this item for the Design Review Board meeting of November 18, 1992 if there are no major issues with the report or staff's recommendation. Thanks for your assistance in this matter. If you have any questions, please contact me at extension 2935. THANKS! Debbie Fountain C: Housing and Redevelopment Director Community Development Director \ V \ \ WWW LJLbLi W. I .i|fl«liHM»l* 1^ Citv of Carlsbad Community Development September 17, 1992 The Alley 421 Grand Avenue Carlsbad, CA 92008 Dear Sirs: A stop work notice was posted on September 16, 1992 at 421 Grand Avenue. The construction activity, which involves converting a retail/office facility to a bar, requires a number of city approvals. This intensification of the use will require the approval of the Redevelopment Department. The contact person in that department would be Debbie Fountain. Should you receive an approval from that agency, you will then need to submit three sets of building, electrical, mechanical and plumbing plans to Development Processing Services for complete plan check. The intensi- fication of the occupant load may require many code related items that your original use did not. There is also a relatively new walk in cold case constructed in the alley on the west side which will require permitting or removal. In the meantime, do not continue with construction. You should also note that prior to submittal for plan check you will be required to amend the existing Redevelopment Permit. Please make sure that the proposed amendments are consistent with the existing conditions of approval. Should you have any questions regarding the Building plan check process, you may contact Pat Kelley at 438-1161 x4503. All questions related to the amended Redevelopment Permit should be directed to Debbie Fountain at 434-2935. MARTIN 0REN?9^ Community Development Director MO:rs c: Housing and Redevelopment Director Principal Building Inspector Debbie Fountain, Redevelopment Fire Marshal 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 ^ September 16, 1992 TO: COMMUNITY DEVELOPMENT DIRECTOR FROM; SENIOR MANAGEMENT ANALYST, DEBBIE FOUNTAIN EXPANSION OF "THB ALLEY" - CORNER OF STATE STREET AND GRAND AVENUE Staff has researched the issue of the expansion of "The Alley" and presents the following information for your review and further direction. On September 4, 1992, Tom Betz contacted the Housing and Redevelopment Office and spoke to me about the ability for "The Alley" to expand into the space previously occupied by "Retail World" as of October 1, 1992. The additional space is approximately 600 sq.feet in total size. Tom stated that he met with Kathy Graham and "a couple of planners" about a year or so ago when "The Alley" wanted to expand their business. They were told at that time that they could expand because the bottom floor of the Betz building was approved for restaurant. Although I was unable to find anything within the files which stated that the bottom floor was approved for restaurant, I was aware that Kathy told Tom it would be OK to expand the business. So, I assumed that it would be OK for "The Alley" to expand at this time. I was not aware that "The Alley" was simply a bar nor that their expansion would be a problem. Following your direction on September 14th, I contacted Tom Betz and told him that "The Alley" would not be allowed to expand without approval from the Design Review Board. He, needless to say, was not very pleased because he had already entered into a lease agreement with the owners of the establishment and they had begun some preliminary work on the expansion. I met with Tom and the bar owners this morning and discussed their proposed plans. Attached is a copy of the rough sketch of their expansion plans.' The total square footage of the expanded bar would be 2 000 sq. ft. (which includes approx. 200 sq.ft of storage/restroom space and 300 sq. ft of office). They do not have facilities for preparing food. However, they do have an agreement with Delvaney's to provide breakfast, lunch and dinner to their patrons upon request. Also, Caldo de Pomedero provides pizzas to patrons upon request. I spoke with Brian Hunter about this issue. He said that he and Chris approved the first expansion of the "The Alley" without going to Design Review Board because they were trying to be as flexible as possible and wanted to encourage the continuation of successful, good business establishments in the Village. He and Chris felt that approval of "The Alley" expansion was consistent with the original redevelopment permit issued for the rehabilitated building. This action is being held "over our head" somewhat because Tom and the owners are not sure why it was OK then but not now. Both Brian and Patty Cratty said they spoke with the owners of "The Alley" and told them that they needed to provide food service. However, this condition/action was not recorded in any written form. Therefore, it is difficult to confirm. The owners did say that they installed kitchen facilities at one time. However, there was not much demand for food items and they could not justify the expense. So, they removed the facilities and entered into food service agreements with surrounding restaurants. If we determine that it is now necessary, a minor redevelopment permit would be all that is required per the current code for expansion because the proposed structural changes are less than $50,000. The ordinance requires that a bar be approved via a Conditional Use Permit (CUP). The redevelopment permit serves as the CUP in the Village Area. Tom Betz and "The Alley" owners have requested/pleaded that I find out if there is any way that they could expand without having to go to the Design Review Board (DRB). The delay in getting the item to DRB will have a significant financial impact on both the business and the property owner. If we determine that the expansion does need to go before the DRB, Tom and "The Alley" owners would like some indication as to whether or not staff will support the permit. Also, they would like to know whether additional parking will be required. The parking ordinance does not have a separate parking requirement for "bars/taverns". Are they parked at restaurant ratio (1:100)? If so and we agree that the bottom floor was approved for restaurant, it appears that parking would not be an issue because "technically" there would be no intensification of use. Tom Betz and "The Alley" owners have requested a reconsideration of the requirement to submit an application for a redevelopment permit. Please let me or Evan know what we should do. Thanks, DEBBIE FOUNTAIN