Music Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I'm sorry. I'm going to go to the next video. Thank you. Thank you. I'm sorry. Good afternoon. Welcome to the Lexington Payotte Urban County Government Board of Adjustments meeting for September the 30th. Before we give you some information, we have minutes here for the September the 9th meeting we held. we need to approve those. So if those members that were here, if you are open for a motion for approval, then we'll hear it at this time. Mr. Chair, I'll move that we approve the minutes from the September 9th special meeting. We have a motion on the floor. Do I have a second? Second. All in favor signify by saying aye. Aye. We would ask those who are present that are going to be testifying and presenting, if you would please stand, please raise your right hand. All of those who are going to be making presentations, you swear to tell the truth, the whole truth, and nothing but the truth. I can't hear you. Thank you. We also would ask that if you've got cell phones in your pockets, that you put them on silence or please turn them off. if you are here to object to cases and you and the appellant, before your case is heard, if you would want to step outside prior to your case being heard to discuss the concerns that the objector may have regarding your appeal, we would ask that you step outside and maybe you can come to an agreement or compromise relative to the appeals case, the appellant's case. Otherwise, if you can't come to an agreement, then we will hear the case. Cases that will be called that have objectors will be moved to the rear of the meeting, to the back of the meeting. Any board, is there anyone who has withdrawn or postponed staff? I'm not aware of any at this time. All right. So we will sound the cases. Yes, sir. Mr. Chairman, I do have a postponement request. All right. I'm Dick Murphy. On page 2, item 2, V, 2011-58, James Hickey at 3606 Wind Gateway. I represent Mr. Hickey. Staff has recommended postponement. We agree with their recommendations, so we will ask you for a one-month postponement. The James Hickey case is being asked by the representative for a post-homal for one month. Do I have a motion by the board to accept that recommendation? Mr. Chair, can we see if there's any objectors here for that case? Are there any objectors here to the James Hickey case? Thank you. Hearing none, we'll hear a motion for this to be moved one month. I saw move. Do I have a second? Second. All in favor signify by saying aye. Aye. All right. Postpone until next month. Thank you. Mr. Chairman, I just wanted to make sure they were aware that should they decide to apply for a variance for the lot that's to the rear of their lot, they'll need to get that application in by October 6th, which is next week. Mr. Murphy, do you understand that? Yes, sir. All right. All right. We will sound any other postponements. Any withdrawals requests? and we will sound the cases and they will be heard as they are presented other other than those who have are here to object and those cases will be moved to the back in those cases that were the board or the staff has recommended disapproval those cases will also be moved to the back Case number 1, V2011-27, Johnny Temple, appeals for variance to increase the allowable square footage and height of the three directional signs, as well as allow a greater amount of text for the signs in a professional office, P1 zone on property located at 101, Yaukshire Boulevard, Council District 7. Now the staff has recommended this approval. Mr. Temple in the house. Mr. Temple? I have not heard from him at all for quite a long time. We'll move this case to the rear, and if he shows up, then we will deal with it. Number two, V2011-58, James Hickey, has been postponed until one month, which will be heard next month, which is October. Case V2011-62, Donald and Deborah Korn. It's Donald and Deborah Corn in the house. Is there anyone here objecting to the applicant's proposal? Thank you. We'll hear your case shortly. No objectors. The next case is V211-63, Jennifer V. Berryman. is there anyone here objecting to Jennifer B. Baring's appeals we will have no objectors and we will hear that case as it falls case number three V201164 Speedway Superamerica LLC Who do we have, sir? My name is Nick Nicholson. I'm here on behalf of Speedway. NIC. Nick Nicholson? Yes. It is quite repetitive, and I do apologize for that. I know that name very well. Are there any objectors here? Thank you. We will hear your case shortly. case v2011-65 dr. Richard Lozano is there anyone here objecting to this case we will hear this case as it falls, sir. Case V2011-66, Philip and Jennifer Dobbs. Philip and Jennifer Dobbs. Have they, anyone here objecting to Philip and Jennifer Dobbs? No objectors. Thank you. Case V211-67, BFD Properties, LLC. Is there anyone here objecting to BFD Properties, LLC? Thank you. Case CV211-55, Six Friends Cafe. anyone here objecting to six friends we have one objector that case will be moved to the back to the end case CV 211 2011-57 John C Reynolds John C Reynolds is anyone here objecting to John C. Reynolds appeal thank you KC 2011-56 Mashid Bilah is that did I pronounce that right well how you you pronounce it? All right. Anyone here objecting to this case? I'll try not to pronounce that name again. I'll just say come on up here sir. Thank you. We'll get you shortly a V to 11-5 9 David S Kern anyone here objecting thank you sir case a2011-60 UPS anyone here objecting to UPS appeal all right no objectors a A2011-61 SIS LLC. Anyone here objecting to SIS LLC? Thank you. And that's all of the cases. Staff, before we get started, are there any concerns you have? okay we will start with the first case which will be the two zero eleven dash sixty-two Donald and Deborah corn you come forth and tell us who you are please my name is Donald corn you're Donald corn mm-hmm this is my daughter and I'm Donna Davis you who Donna Davis Donald David and the staff has recommended approval and given several reasons for that but also they have two conditions have you read and understand the conditions yes do you have any staff you have anything to add to this case just one thing so building inspections kind of on track with what's going on here mr corns indicated they may have a three foot side yard not two feet makes the building code compliance a lot simpler so i assume mr yume you're okay with that okay Okay. Okay. Board, do you have any questions or concerns? If not, I'll hear a motion. I have a question. So do you want to change it to a three-foot carriage? I think to give him flexibility, I'd prefer to leave it at two feet or three feet, somewhere in there. Any other concerns? And I'll hear a motion. Mr. Chair, I move that V-2011-62 Don and Deborah Korns appeal for variance to reduce the required side yard from 8 feet to 2 feet for reconstruction of a residence in a single-family residential zone on property located at 1408 Oak Hill Drive, Council District 1, be approved for the reasons recommended by the staff and subject to the two conditions recommended by the staff. Do I have a second? Second. All in favor signify by saying aye. Aye. All opposed? Thank you. Good luck. Thank you. V2011-63, Jennifer V. Berryman, appeals for variance to reduce the required setback for freestanding identification sign at 20 feet to 0 feet in a planned neighborhood residential R3 zone on property located at 3050 Curt Livington Drive, Council District 4. Could you tell us who you are, please? Jennifer Berryman. Jennifer Berryman. Who do you have with you? Bob Derringer. Bob Derringer. The staff has recommended approval for several reasons, and also they have stipulated down here the conditions, four, listed four conditions. Have you read those conditions? Yes, sir. You agree with those conditions? Mm-hmm. You agree to abide by those conditions? Yes, sir. Staff, any concerns? Board, any concerns? If not, I'll hear a motion. Mr. Chairman, I'll move that V201163 Jennifer Behrman appeals for variance to reduce the required setback for a freestanding identification sign from 20 feet to 0 feet in a planned neighborhood residential zone on property located at 3050 Kirk Lovington Drive be approved with the conditions as set forth by the state. Do I have a second? Second. All in favor signify by saying aye. Aye. All opposed? Thank you. Thank you. The next case is V2011-64 Speedway Superamerica LLC. Yes, sir. My name is Nick Nicholson. I'm here on behalf of Speedway. We've read the, I guess approval of the staff and we are okay with the conditions including the requested 10-foot landscaping buffer. So you have six conditions there that you've read and you're you and your client understands that? Yes we are sir. Staff any concerns? Board questions concerns? If we have none, I'll hear a motion, please. Mr. Chair, I move that we approve the 2011-64 Speedway Superamerica's appeal for a variance to reduce the required perimeter setback from 50 to 20 feet along Nicholasville Road and from 50 to 10 feet along the eastern property line in a planned shopping center zone located at 2490 Nicholasville Road. based on the staff's recommendations and subject to the six conditions. Do I have a second? Second. All in favor signify by saying aye. Aye. All opposed? Thank you, Mr. Nicholson. Thank you. Case V2011-65, Dr. Richard Lozano. Aye. William Crawford representing Dr. Lozano. Mr. Crawford, the staff has recommended approval for several reasons, and also they've added three conditions. Have you and your client discussed those conditions? Yes, sir. You agree to abide by those conditions? Yes, sir. Staff, any questions? Board, any questions or concerns? If not, I hear a motion, please. Mr. Chair, on V-2011-65, Dr. Richard Lozano's appeal for variance to increase the allowable projection of a covered porch into the required front yard from 8 feet to 10 feet in a single-family residence zone on property located at 157 Cherokee Park, Council District 3, to approve as recommended by staff and subject to the conditions as recommended by staff. Do I have a second? Second. We have a first and a second. All in favor signify by saying aye. Aye. All opposed? Motion passes, sir. Case V2011-66, Phillip and Jennifer Dobbs. Good afternoon. I'm Justin Drury with 2020 Land Surveying and representing Mr. and Mrs. Dobbs. Say your last name again, please. Justin Drury. Okay, Justin. The staff has recommended approval, Mr. Drury, subject to several reasons and also subject to three conditions. Have you and your client read those conditions? Yes, sir. Are you in agreement with those conditions? Yes, sir. Will you abide by those conditions? Sir. Staff, do you have any questions or concerns? Board, questions, concerns? If not, I'll hear a motion, please. Mr. Chair, I move to approve V-2011-66, Phillip and Jennifer Dobbs' appeal for variances to reduce the required side yards from 25 feet to 10 feet for construction of two single-family residences residences on two adjoining lots in the agricultural AR zone located at 1218, 1224, and 1228 Centerville Lane in Council District 12 as recommended by staff and subject to the three conditions outlined by staff. Do I have a second? All in favor signify by saying aye. Any opposed? Thank you. Good luck with Yes, sir. V2011-67, BFD Properties, LLC. Hello, my name is Elizabeth Pitchford. I'm with Ruggles Sign Company representing BFD Properties. Ms. Pitchford, the staff has recommended approval for several reasons and also they've listed two conditions. Have you and your client read the conditions? Yes, sir, we have and we agree with those conditions. And you will abide by the conditions? Yes, sir, we will. Staff, do you have any questions? Board, any questions or concerns? If not, I'll hear a motion, please. Mr. Chairman, I'll move that Item V-2011-67, BFD Properties Appeals for Variance to reduce the required setback for a freestanding identification sign from 10 feet to 4 feet in professional office zone on property located at 2134 Nicholas Road be approved with the conditions as set forth by the staff. Do I have a second? Second. All in favor signify by saying aye. Aye. Any opposed? Thank you. Thank you. CV 2011-57 John C. Reynolds. John C. Reynolds. Kathy Bolton with All-Star Realty. John C. Reynolds and Ms. Bolton. The staff has recommended approval subject to three conditions. Have you and your clients read and understand the conditions? Yes, sir. Do you agree to abide by the conditions? Yes, sir. Mr. Chairman, we have a couple letters we'd like to pass to the board. We have information here from Ms. Mary Jane Knuckles. Are you all familiar with who that is? No, sir. She is writing to protest the conditional use. evidently there's noise and lots of garbage around the the area i'll let you look at that who's this yeah and i'd like to ask to uh transportation and there was some another letter there's some questions about the parking and i wanted to ask traffic, if they've been able to be out on the site. And I know Maxwell Street School is right across the street, and I know one of the letters of opposition was questioning the parking, if there was adequate parking for the facility if we did approve this. I did not review the parking for this case because I took it to be existing parking. So I don't have an opinion one way or other about the parking of it without looking at it. I don't know that I could offer you any additional information. We did have a condition number three that addresses that to some extent. That what? Addresses the parking. It's the condition here, isn't it? Is that the condition you're speaking of? Condition number three. Yes. it's not close it's been there for years I don't guess you all had any contact from the neighborhood association or that nature Staff, you don't see any problem with this. Of course, you recommended approval, so I gather you don't see any problem with it, but the two complaints there, how much validity is it to those two situations? Well, I think the concerns of that really depends on the operator of the business, if they're responsible and that sort of thing. I'd like for you all to view a couple of those before we make a decision on this case. If you would let them read those two letters. After you all finish with them, let them look at them, please. I have a question. Is there any relationship between the Six Friends Cafe and the John C. Reynolds? They're just kind of in the same neighborhood, about a block and a half apart. But the owners are independent and just serendipity. They're both here today. I'm sorry, it's the same media as even me. Are the people here over there with you, are they in favor of this? Are they not in opposition? Because I asked. Is that someone, has she spoken? Yes, sir. No, no, no, not you, sir. Lady behind. I'm sorry, sir. My name is Deirdre Cain. and I am the owner of the Six Friends Cafe. I have no objections whatsoever. I have heard about their plan and no objections from them. Do the other two people over there, young ladies over there, want to speak to this case? Are you just here in support? Thank you. Would you like to come take a look at this? And I have a question for you, sir, in the first row. He didn't stand in opposition when I asked. He's objecting to the other case. It'll come up later. Yeah, I'm just curious why, since they're so close, he's objecting to one, not the other. Are there anything on there that you all see that you can't handle with that situation? No. We're not even going to have live music or entertainment. It's very small. Very small size. I can see a 15. Mr. Reynolds, do you have any experience? I mean, having done this before? Is this a new venture? No. No, I have experience. I was a buyer manager for four years. Here you go, ma'am. I was the bar manager for four years in New York. Ma'am, I want you to just take a look at that. I don't think it's a problem, but you're nice. So I have a question for the staff. Do you know the people who wrote those letters, do they actually live in the residences that abut this property? I think one of them may have been from a nearby resident, but I'd have to look at them. provide some information to that point. Why don't you all sit down and go over those and we'll let her speak this time please. We'll just have a seat there on the front row and ma'am if you want to come forward please. Come forward and tell us who you are. Yes sir. My name is Deirdre C. Cain and I am the owner of the Six Friends Cafe and I apologize if I spoke out of turn. It's my first time in a hearing like this. When you asked if one of the letter writers that were objecting was a property owner or an abutment next to where he intends to open, I know that Ms. Knuckles is not. She is my next-door neighbor, and she doesn't live there. She operates a business from about 8 to 4 in the afternoon. So I was just trying to give information. Thank you. Thank you. And don't worry about speaking out of turn. I did my first time, too. I'm afraid I will. All right. Have you all had a chance to view those two correspondents, please? And you can give those two letters to the staff there, if you don't mind, please. I didn't see one of those letters, so could you send it on down, please? No, that one. Mr. Chair, could I ask a question of the staff? Yes. Or building inspection. I'm wondering, it looks like this has been a bar for quite some time. Is this to be, will there be an increased amount of seating with this new applicant? And is there a history of complaints about noise or garbage or any adverse effect from the previous use? I'm much familiar with the history of the building. We have no record of any complaints about it. But I doubt that the seating capacity will be enlarged since the building won't be enlarged. So the seating should be the same as it's been in the past. Are you all expecting to have more than 15 seats? We are not, no. Okay, thank you. Are there any other questions or concerns from the board? I have a question about the hours. Is it typical for a bar to be open until 2.30 in the morning? Around, what, is that the, that's as long as we can have it open? Basically, the allowable hours in terms of just any bar situation in Fayette County is governed by ABC laws as well as local ordinances, and 2.30 is kind of a standard time for a lot of the bars to close. That's shortly after they can serve the last drinks. Any other questions or concerns? If not, I'll hear a motion, please. Mr. Chairman, I move the approval of CV 2011-57 John Cena-Rentles' appeal for a conditional use permit to establish a bar in an existing building in a neighborhood business zone and a variance to reduce the required 100-foot setback. from a residential zone to 70 feet along the western property line and to 50 feet along the southern property line located at 231 Woodland Avenue because of the staff recommended approvals and subject to the conditions set forth. Do I have a second? Second. All in favor signify by saying aye. Aye. Aye. Any objectors? No. one motion passes save one thank you c2011-56 mashid i'll leave the last one alone if you don't mind please My name is Chris McCoy. I'm an architect here in town and a member of Masjid Bilal. Masjid means mosque and Bilal is a name. The staff has recommended approval for a couple of reasons and also they list here eight conditions. Have you and your clients read the conditions? Yes, we have and we agree to the conditions. Agree with the conditions and you agree to abide by them. Yes. We have been meeting with staff to get review comments back and proposed a revised plan or a list of revisions. There are very minor changes to address some initial concerns by staff, and we'd like to submit that today. Jim, how do I do this? Just hand them out. I like what you're doing out there. in that area it's welcome. Thank you. Thank you. Thank you. Is there enough? No, we got enough. I don't really have a presentation for you today, but if you'd like, I could highlight some of the key changes between the plan that you saw before and the revisions in front of you today. If that's acceptable to the board. That's fine, sir. Has the staff seen these revisions, and have they given their thumbs up on them? These revisions are intended to address condition number one, so a lot of that, I think all of that has been accomplished. The only thing they've been kind of toying with is the possibility that they will need to retain the retention basin to the rear of the lot, which means they'll be losing some parking spaces. So this revised plan more clearly shows that they'll still comply with minimum off-street parking requirements if they do have to retain that basin to the rear. Thank you. So we'll need to approve this in a way that gives them some flexibility, that if they are able to do underground detention and use permeable pavers and delete entirely that rear basin, then the parking will go back to what you originally saw, up to over 170 spaces. Are there any other changes on this revised drawing that are different from the ones that we have submitted? The two biggest are that we reduced the amount of drive aisles. The parking in the front stayed the same, but the width of the drive aisles went basically from two-lane to single-lane. That reduces the amount of asphalt pavement. It also increases the amount of landscaping buffering on the sides and green space within the property. One of the initial comments was we're paving a significant portion of this property. It also produces water runoff, and we've been working with staff to help reduce that, improve our traffic flow on property within the parking field, but yet reduce the amount of asphalt. Simply put, we want as much parking as we can get, and it's a tradeoff. We're certainly going to meet our stormwater management requirements and the parking requirements. The question is, what can we afford to do? And that's why you're seeing two different parking lots, particularly in the back, with a grass detention basin versus the initial proposal, which has underground detention or pervious pavement. That's really the biggest difference. One small difference between the initial plan and now is that because the side yards have increased in green space, we can preserve the existing evergreen trees that run along the north edge of the property. Another advantage to the revised plan and the reduced pavement is it also increases the amount of landscape buffer in the front of the property, which is kind of good also because there's a bit of a grade change there as well, so that will help us, but keep more open green space in the front as well. Those are the biggest differences. I don't think I need to, I mean, there are some other little minor things, but they're very minor. Oh, and we added a dumpster, which was left off the initial plan. Staff, does engineering or water, anybody have any concerns regarding this project? No one from water? Parking? Okay. Thank you. Board, any other concerns, questions? Are the conditions as they were written in the report we've received adequate to allow them to have the flexibility between these two plans or retention basin underground versus permeable pavers? Or do we need to change the wording of the conditions? I think the flexibility is in there. I think a large part depends whether Mr. Yume is comfortable with understanding that they can go either route as it's currently set up. If planning is comfortable with the permeable pavers being an allowable parking surface, then we're fine. Any other questions or concerns? If not, I'll hear a motion, please. Mr. Chair, I move that we approve C-2011-56. Mr. Belal. Appeals for a conditional use permit to expand an existing worship center in an agricultural urban zone on property located at 1545 Russell Cave Road, based on the staff's recommendations and subject to the eight conditions. Do I have a second? Second. All in favor signify by saying aye. Aye. All opposed. Thank you. Good luck with that. Thank you. Case AV2011-59, David S. Kern. David S. Kern. Mr. Kern, the staff has recommended approval of the variance increasing the height of this sign from 3 feet to 4.8 feet for several reasons, and also they've listed four conditions. Are you familiar and have you read and do you understand and will you abide by the conditions? We will abide by those conditions. Staff, do you have any additional? Any questions or concerns from the board? Mr. Chairman, I'll make a motion to AV-2011-59 David S. Kern, appeals for an administrative review to allow directional sign of 17 square feet and a variance to increase the allowable height from 3 feet to 5.8 feet in a professional office zone on property located at 2376 be approved. 2376 Alley Xander Drive be approved with the conditions set forth by the staff. Do I have a second? I have a question. Are you recommending approval to 5 feet 8 inches or 4 feet 8 inches? I'm making a motion to approve what's written on my agenda. 5 feet 8 inches. Mine says 4 8 here and 5 8 at the top. Sorry, that's a typo. Is that a typo on this? It's a typo. It should be a higher number. It should be 5.8 or 4. 5 feet 8 inches. That's what mine says. Do I have a second? I'll second. All in favor, signify by saying aye. Aye. All opposed. Thank you, sir. A question, Mr. Stout, for my purposes, so we are approved for a 5 foot 8 inch sign. I put eight sir. Thank you. Appreciate it. A2011-60 UPS. Gary Willis UPS project manager for the facility here in Lexington. Willis the staff has recommended approval for several reasons and also listed two conditions. Have you read the conditions? Yes sir. Do you understand the conditions? Yes sir. Do you agree to the conditions? Yes, sir. Staff, any questions or concerns? Board, questions or concerns? Is the gravel lot going to eventually be paved? That is the plan. Is that the plan? We have a project in our process to develop a permanent staging site at the facility. We're beginning to work on the layouts of that right now. Any questions or concerns from the board, please? If not, I'll hear a motion. Mr. Chair, I move to approve a 2011-60 UPS appeals for an administrative review to allow a temporary graveled parking lot for trailers in a light industrial zone on property located at 1702-1800 Mercer Road, Council District 12, as outlined by staff for approval and subject to conditions. Do I have a second? Second. All in favor signify by saying aye. Aye. All opposed? Thank you, sir. Thank you. A2011-61, SIS, LLC. Hi, I'm Karen Smallwood. I'm with SIS. Ms. Smallwood, the staff has recommended approval and subject to one condition. Have you read the condition? Yes, I have, sir. Do you understand that condition? Yes, sir. Do you agree to abide by that condition? Yes, sir. Staff, do you have any questions? Any concerns or questions from the board? If not, I'll hear a motion, please. Mr. Chairman, I move the approval of a 2011-61 SIS LLC's appeal for an administrative review to allow business signage on a brick wall that's larger than 40 square feet in downtown business zone on property located at 165 Barr Street for the reasons denoted by staff and subject to the condition listed. Do I have a second? I'll second. All in favor signify by saying aye. Aye. Any objectors thank you thank you pass that brings us down to six friends I believe leave that's all six friends yeah we'll take care of that he's not here um let me ask the staff johnny temple hasn't shown up has i have not seen him and as you may recall when it was postponed last time around he he was agreeing to file a new application and we didn't hear a thing from them so we'll we'll deal with him after after we hear the case let's give your name please yes sir deirdre c kane with six friends Cafe. The staff has recommended approval of the case subject to four conditions, but we have some objectives here, and before I let you give your part, I want to hear what they have to say, please. Yes, sir. Absolutely. Those who are going to speak on the side of objections may come forth, please yes sir against mr. chairman my name is Lionel Hawes I live at 169 Kentucky Avenue I and about 18 or 19 of our neighbors my neighbors have filed an objection you have the letters in the file as has the Aylesford Place Neighborhood Association objected to the approval of this appeal for a conditional use miss Kane is attempting to convert the property to a prohibited use for a B1 zone. She seeks to have a conditional use to permit live music to be played. However, she does not comply with the conditions for that particular usage. a conditional use permitting music live music to be played in a b1 zone requires a soundproofing the building be a setback see appropriate amount of parking furthermore playing music outside will in no doubt violate the noise ordinance and for those reasons we have objected the letters are in the file but I will summarize our position first of all the setback requirement is a hundred and fifty feet excuse me a hundred feet within that hundred feet is a residence an R3 residence it is my understanding that setback is measured from property line to property line 181 Kentucky Avenue is nominally 75 feet from 191 also within that 100 feet is a four-unit apartment building which though it is zoned B1 is in fact a dwelling within the definition of the noise ordinance the conditional use for playing live music in a neighborhood business requires that the building be soundproofed. The ordinance is Section 8-16D-5. It is pretty clear from reading the ordinance that it is not contemplated that music be played outside, and yet the petitioner seeks to have music played on the porch and patio outside of the house that she has converted into a residence. It is clear that you can't soundproof the outside, and for that reason we think it was never intended to allow a B-1 business to play live music outside. the noise ordinance is section 1472 and that ordinance requires that the you cannot play music of any sort live phonograph radio whatever if the sound crosses a dwelling boundary now we know that it does because Miss Kane without approval of this board played music earlier in the year and received complaints from the neighbors at 185 Kentucky Avenue the next requirement that I wish to address is the parking requirement for a restaurant playing live music the parking requirement is calculated based upon the number of seats and the ordinance that is applicable is 8-16N. I think the staff report mistakenly referred to the prior section which dealt with restaurants not playing live music but in any event this report indicates that there are places for 16 seats seating for 16 people inside and I know they're seating for 16 people outside because you can see the tables and chairs that That would require eight parking places. Now, according to the engineering guidelines for parking places, they have to be a minimum of 9.5 feet for each parking place. Furthermore, with that number of parking places, the business is required to have one handicap spot, which is 13 feet. So if you put all that together for this particular restaurant, it would require a width of 79.5 feet. The lot is only 37 feet, 37.5 feet wide, as indicated in the diagram filed by the staff report. so the staff suggested that perhaps they could stack the parking but the space is not deep enough to stack the parking so this space seems to be about require only or excuse me allow only half the number of parking places that are required by the ordinance. The other thing about this parking space is that, first of all, the entrance to that parking space is from High Street, which is around the corner. It's totally unmarked, and there is no access from the small parking place they have to the restaurant area. You'd have to go back out on High Street, walk down High Street to Kentucky, and then back down to Kentucky to the public eating areas for the restaurant. So because of these failures to comply with the conditions of this particular use for a restaurant serving alcohol and playing live music. I and my neighbors and the Neighborhood Association all object to this request for conditional use. I respectfully submit the request to be denied. Thank you, sir. I have nothing further if you don't have any questions. Anyone else? Any objectors who wants to speak? And we'll hear the applicant please. And give us your name again please. I'm sorry I believe that you. Deirdre Cain. Before you get started may I ask you a question. Are you aware of the the many, many letters we have up here relative to objecting to what you're trying to do from the Neighborhood Association? I'm aware there are about 20, yes, sir. And I also have letters here along with petitions signed from about 200 people in the neighborhood that live and work there. So I am aware of those. Have you met with the Neighborhood Association on any occasion regarding this particular case? I have not. I have met with the businesses surrounding the Woodland Triangle, and I feel like most of the neighbors that come in, which are substantial, I did not, I'll be honest, I did not realize that we were considered part of the Islesford Neighborhood Association. Okay. So that I was not aware of. All right. And we'll hear you. Yes, sir. I'll be honest, I'm not quite sure where to start. There are many things that Mr. Hauser said that I disagree with. I think there are some things that maybe he is not aware of that he spoke of. Number one, I have worked explicitly and completely and been totally compliant with zoning and with building inspection. when it comes to our amount of parking spots and when it comes to our seating. So I don't think that's an issue. We do not serve liquor. We only have a beer license. We are not open until 2.30 in the morning. We are open until 11 o'clock in the evening. And the music stops by 10.30 and no later. As for our parking that we do have, there most certainly is a sidewalk that leads from the parking area in between our building and the airport next door that leads right to the front porch. So there most certainly is access. As a matter of fact, we have people that park back there that bring their wheelchairs through that sidewalk to get up. We are a very small, independently owned cafe. Mr. Hauser was correct. I did play music. We opened in May 2010. And I played music from May 2010, or June, up until about two months ago, when building inspection let me know there were complaints and we needed to stop. At that point, I was totally compliant with the city and have worked very diligently to keep a small struggling business open until we could get on for the permit hearing here. We are a member of the Woodland Triangle Business Association of about 20 shops, small restaurants, cafes. And we are listed as B1, business residential. the music that we played and that I have agreed to play is to support local artists, which as a city, Lexington says, it's something we want to do. And it is always acoustic. It is usually a solo artist, or at the most, two people. And I've tried very hard to be a very good neighbor. And if people had objected during the course of the entire first year, nobody told me about it nobody complained until starting about i believe last may um and i would have loved to have tried to have sat down and work something out with those people um if they had asked will you stop at 10 i would have said absolutely will you not do it on the third weekend of the month absolutely um if you know our location If you're at the corner of Kentucky Avenue and High Street, we are bounded by the north of Magpie Yarn, which is B1 residential, which is 100 feet away and therefore complies with the law. we are bounded to the east by woodland christian church and decorative business and again we are 100 feet to the west we are 100 feet from any r3 residential zone i work diligently with zoning and planning and we are 60 feet from the r3 zone that is woodland park as we all know i understand it's an r3 zone but there are no homes in woodland park and there never will be um as for For my front porch being within 100 feet of a home, an actual home, in an R3 zone, that is just not true. It's just not true. I have worked with zoning and planning, and we have looked at this. I think we talk about this being a business residential zone, And that's the type of cafe I want to have. If I had wanted to put a cafe that was not family-friendly, children-friendly, where people could have come together as a community, which is what Lexington is meant to be, I would have gone out into a strip mall. But I chose not to do that. um we we want a community cafe like what i believe woodland park was intended to have been built for back in 1885 i believe it was built as a gathering place for the community for concerts for music for tent revival meetings. And yes, while we have changed and grown as a society and as a community, I think we still have the same community values. And that's all I'm asking for. This will put a very, very difficult hardship on my business. It will probably put my business out of business in a very, very difficult economic time. I think all I'm asking to do is to be a part of the community, work within the community, and continue what the historical intent of Woodland Park and that neighborhood was from the day it was built. um you know i humbly request that the 40 foot variance is extended which is what we had asked for since there are no residences in woodland park and that you offer me the conditional use permit um there has never been an issue with trash or a lot of other things um the other thing Mr. Halzer said to me is that he said, we don't want you people hanging around on the front porch all night at night. That's what a cafe is. And as for the noise and the soundproofing, I would even be willing to take the music inside where I never had a complaint all winter. I don't really believe this is about music, but very simply, there is music within Woodland Park all the time, all summer long, and it's city-sponsored. It's ballet under the stars. It's concerts. I mean, if you don't like the increase in foot traffic, why would you live there? I mean, we have the Woodland Arts Fair. And whenever the city has done their music, I have never attempted to interfere. And I've always supported all of those things. So the boom boxes in Woodland Park and the drumming and the guitars playing and the music blasting from the skate park is louder than my acoustic artists that come have ever been. so all i can do is is hope that you know you all can see both sides and understand that i am willing to work within the neighborhood i feel a part of the community but i also think that um this cafe provides a much needed boost to that community and on the letters i have here and the um petitions, you will see many, many of these people live in the neighborhood, all the business owners in the neighborhood, and I didn't even know I should be doing this until a few days ago. So that would have been my stupidity, I suppose. So I appreciate your all's time very much, and glad to answer any other questions that you might have. I've got a couple questions. Oh, go ahead. Thank you, Mr. Gregg. A couple questions for staff. Mr. Marks, Mr. Hawes had talked about that the live music wasn't in compliance with the zoning ordinance. Is that? Let me put up on the overhead here and try to explain the 100-foot setback. and in regard to soundproofing and i'd like to hear from mr gallimore too again if of regard to parking and some of those considerations and and mr hume as well and talking about the number of complaints that uh and when in fact they they um they came to you and how many were there was there because there is tremendous opposition from the neighborhood uh in regard to your um uh and to your request miss kane and i'd just like to hear a little bit more but no i totally understand thank you absolutely it's not coming out real well on here but here's the six friends business here woodland park is over this way it's kentucky avenue the residential zone boundary between R3 and B1 follows along here to the center line of Kentucky Avenue and goes along here the way that the setback requirement is written it is from the use not the property boundary but from the use which in this case is where the live music is provided a hundred foot setback to the residential zone if you measure down this way from that zone boundary over to where the use is, which is in here. This is the sidewalk that leads up to the entrance into the cafe, so the entertainment area is over here. It's a little over 100 feet away. So in that direction, in our opinion, it complied with the 100-foot setback. Measuring the other way from that boundary of where the entertainment is over to the center line, where the zone boundary is, about 60 feet. So that's where the variance is needed. It's not really relevant in that direction because there aren't any residential uses in Woodland Park, as was stated. So we didn't think there was any issues with regard to the variance. Now, there are residential uses closer than 100 feet along Kentucky Avenue. I believe it's this building here. That's a fourplex. So that's not relevant to the variance request, but it might be relevant to the conditional use request in terms of evaluating, you know, adverse impact to surrounding properties. May I respond to that, Mr. Chairman? Yes, you can respond. To start with, they started measuring from the middle of 191, and it's my understanding that the setback requirements are from the edge of the lot. Secondly, so they've measured from the sidewalk that goes into the front entrance as opposed to the north property boundary. So your concern is why? If they move it, they get 181 into the 100-foot. these lots, as shown by the staff report, are each 37 1⁄2 feet wide. So there are only two buildings between Six Friends and an R3 building, the apartment house that I told you about. That's 75 feet. Thank you. I just need to repeat that the setback is measured not from the property line of the subject property, but from where the use that's the subject of the appeal was located. And if I might interject one thing as well, 181 is still not an R3 zone. That is a 1, business residential zone. And the tenants that live in the fourplex have actually signed, two of them have actually signed my petition. They come up and they listen to the music, and they are actually, they came to me, they were so upset, and they were the ones that actually let me know who was actually complaining. So they don't have a problem with it. Second part of my question, Mr. Chair, was for Mr. Gallimore. I know Mr. Owens mentioned a handicapped parking spot, and I think nine spaces needed. Is there adequate parking for this? somewhat similar to the previous case that you'd asked about when we when you have an existing use an existing parking lot a lot of times that the parking lot itself is not reviewed now if the applicant was coming in with a new use or they were expanding or something then we would review the parking lot and make sure that it came up to all current guidelines as you can tell what's submitted on these site plans for this existing parking they're basically just denoting where it is nothing about the geometry or how many spaces are included or anything of that nature so like I said it typically in a case where the parking is not affected we will not go out and look at the parking or try to review it and unless we get a heads up from staff that there's a potential problem or something of that nature thank you mr. and then the last part of my question. Mr. Hume, could you address the complaints from the neighbors? Yes, we had been receiving complaints for months on this. This last complaint we got, we went out on early June. One of our inspectors had discussed the problem with Ms. Kane, where she had agreed to stop until such time she got VOA approval. And this has continually been going on until I finally wrote a criminal complaint and threatened to take it to court did she come in and get an application and then allowed that to drag on for two months until she finally got on the dock. It's been quite hard to get her to this point. So may I interject? It's mostly been noise from the music, some foot traffic, you know, people walking out of the place at night. I think there have been some times that this information, I think Ms. Cain even told me in a conversation, that the police would come by for the noise ordinance on probably a weekly basis, I guess, or occasional basis when she did have entertainment. I don't think they enforced it very much, but they did drive by to investigate. So we have had complaints, there's no doubt. It's been noise oriented. And the complainant actually withdrew her complaint a couple of months ago in fear of retaliation. Retaliation? May I please speak to this just for a moment? I want to ask a question. Retaliation from who? From patrons, I'm assuming. She was pretty shook up when I talked to her, so I took it out. You may respond, ma'am. Thank you very much. I was only told, and it was from Mr. Hume, that there was one woman that continued to complain. Mr. Hume and I had many discussions, and I was never told about more than one woman. When I asked who it was, because I wanted just to speak with her, you know, Mr. Hume said she requested to remain anonymous. I don't know why she would have been afraid of any retaliation. I didn't even know who she was until three days ago. And that's because one of her tenants came and told me, and then fellow business owners came and told me, because she had been there looking around. As for me not stopping and dragging my feet, Mr. Hume, I'm going to have to say this. Very simply, you told me to proceed, and then you told me when I was going to have to quit because you couldn't protect me any longer, and I did. And the very last night that we had music at the cafe, you, your wife, and your two best friends were there. Now, I don't want to play politics here. I want to be a good neighbor. I want to do the right thing. This is kind of ludicrous. And I understand there are complaints and there are issues. They can be worked out. I can assure you that when we've had music, you can walk, when it's out on the front porch, you can walk six houses down the street, and you cannot hear it at all. If I move it inside, no one would ever hear it. because no one ever complained all winter long. I stopped the second Jim Hume asked me to stop. Thank you. Thank you, sir. I have a question for you, please. We have a question, please. I'm sorry. It's a little late to do anything about this now, but I'm really surprised you didn't go door to door or put out flyers all up and down Kentucky Avenue because the amount of objectors by letter is as much as I've ever seen. And I didn't realize, you know, call it just not being in the know politically, I guess, or business-wise when it comes to something like this, I didn't understand. I was told all along that there was one complainant. And once the tenants came to me and told me who the complainant was, And then I had other local business owners come to me and say that this person was coming in and trying to talk them into joining it. I didn't realize that I needed to do that until really four or five days ago. Okay, thank you. The other question I've got for you is you made a remark about his testimony where he said he or the neighborhood didn't want you here. and you also said you didn't think this was about the music. So what exactly do you think this is about? I think this is about several things. I think partly for some of those residents, it may be about wanting to keep just the residential area a residential area, which I think is impossible within that area. I have to believe, I've never been somebody that's ever said this in my life. I have to believe that some of the initial complaints was because of the number of gay and lesbians that were there. i don't see any other reason because i would walk literally five houses down the street every time we had music and you couldn't hear it i mean in the void skate shop plays music on sundays and they blare it and it's blaring skateboard park and here i've got something that's acoustic you know the Beth Burden band if you've ever heard of them I mean you know or two members of real world string band I mean it's it's not like we're playing rock and roll um so when I can walk five houses down in either direction at 10 15 or 10 o'clock at night and I can't hear it and other people have done the same and they can't hear it then I have to believe it's about something other than the music. And the initial complaint was increased foot traffic. And what Mr. Hauser told me out in the hallway was that he couldn't make a deal. He didn't have that authority. And that second thing was that they didn't want we people hanging out on that porch all night. I don't know how else to take that. It's a cafe. I think if I lived in the neighborhood and there was a business that was disturbing my sleep on their front porch, and to compare that to boom boxes owned by young individuals at a skate park, there is no comparison because one you can approach through the system. The other is unchangeable. Do you mean that you could have approached me through the system? Yeah, there's no way you can eliminate those kids with their boom boxes at the skate park where you're a legitimate target if you're disturbing the neighborhood. And that's why I always decided that we would not play the music later than 10 p.m. or 10.30 because I didn't want to disturb anyone. And if there are no homes that I can walk past and I can hear the music, then how am I disturbing them? I mean, I'm truly sorry if it is. And I would work hard to do anything I could not to have that happen. Mr. Hume, you want to make a comment? If the board feels so inclined, we have had these cases before where there have been complaining witnesses come through. And the board has allowed a six-month trial run to see if, in fact, they will comply to any conditions. And then come back and do another hearing and determine whether or not there is a cause for refusal. Well, I'm inclined on doing that. I guess the only problem building inspection had with this whole issue is the point that it took so long to get Ms. Cain here. Jim is right about that. I got in the application about a week past the time to get in on the August docket. I'm one person running a cafe that's open 90 hours a week. No excuses. We can monitor police activity. We can monitor times of entertainment and complaints. We can set the conditions to make it one way or the other if you're so inclined. What do you, I'm asking the applicant, what do you think about having the music indoors year-round and not playing outside? If that's what the board's decision is, then obviously that is the way in which I would comply. I would prefer to try it during the summer months from 8 to 10 if that were to be a decision on Friday and Saturdays. But if the board were to make the decision that it had to be inside, I would comply with that. I mean, it's sort of a moot point at this point. All the best parts of the summer were sort of gone, so it would be moving inside anyway at this time, Especially if it were like a six-month trial period. As a small business owner, I would hate to see you put in a position where you would no longer be in business. However, I think that there has to be a compromise somewhere here. I mean, you've been there. I've been in that neighborhood, as you say, when the parks are noisy. and I worked there for years as an umpire in Woodland Park for years. I've been there to concerts, and I do understand, but it's a different structure when you're dealing with neighborhoods and people who live next to you, across the street from you, in the neighborhood from you. There's a different feeling about that. Yes, sir. And it's why I would like to see you remain in business. I do feel like that the live music is an issue, and I think if we can reach a compromise where the live music would not be outside and that it would not be any more than two people involved with that music, I'd be totally in support of what you're trying to do. But if you want to come outside with that, regardless of what time of the year it is, I think you're going to consistently and constantly run into concerns where people are having police come by to make sure you're doing this and make sure you're doing that and neighbors still going to be concerned about it. I just think for you to be more comfortable than you are right now would be to meet some kind of a compromise with the people who have the complaint. Yes, sir. I mean, and I've always been amenable to the compromise. If that is what the board decides and we can come to a compromise, that will enable me to stay in business. And I don't think any neighbors will be concerned. I mean, you know, you've got brick walls this thick. Well, let me ask you a question. You too, Mr. Hulls. Is there a possibility that this business and the concern of the neighborhood could reach some kind of agreement relative to her business and what you all are looking for without her being totally professionally jeopardized? in other words the music not outside but maintain it inside to a certain period of time during the evening well i do not i can speak for myself i cannot speak for the neighborhood association or my other neighbors you know from the standpoint of your of your neighborhood association not all of them are going to hear the music outside or inside say again i said from the standpoint of your association, your neighborhood association, not all of them would be disturbed either way, inside or outside. Oh, that's true. Perhaps if she had come to the neighborhood association or the neighbors before we marching or launching off on this unilaterally, there may have been some discussion. from my standpoint if the music moved inside and it was not disturbing the neighbors I don't know if there'd be much objection to that but they still don't meet the parking requirements that can be worked out with parking The issue, I don't think, is that. I think the issue right now, from what I understand, is the noise from the music, if they're permitted to have music outside. Yeah. You have before you in that file the letters, including letters from each of the two neighbors, the adjoining properties, which incidentally are businesses, that have objected to this request. And if I might address two other things that she raised, I would appreciate them. Yes, sir. Thank you. The sidewalk, that's not on her property. It's on the property of one of the people who have objected to this petition. And I don't know about anybody else, but I didn't know whether gays or lesbians or straight or... Let me... The Italians were going in there, didn't they? Let me ask both of you. It seems to me the failure here is communication more than anything else. And what I would suggest that you do is that, if it's possible, from legal over there, is that, and if staff tell me if I'm wrong, can this case be continued in 30 days? I will not be in business in 30 days. You know, let me address that to you. She opened this business as a neighborhood cafe without music, thinking she could make it go of it. So now two, maybe three years later, she claims she can't go. If she doesn't get an exception from the conditions for this use, With all due respect, Mr. Hauser, I know my financial status of my business. You do not. I have only been without the music for the last two to three months. And it is very difficult in this economy to make it to begin with. I am doing a very darn good job just with opening a new small independently owned cafe, especially with 27 inches of snow last winter and being across from the park and with all due respect I can tell you within a couple months I will not be in business and I know that that is not your problem it is mine I recognize that there's a failure to communicate here I do not honestly feel like that failure to communicate is on me. I did not know there was a problem. I knew there was one complaint. One woman complaining. And she requested anonymity, so I had no way to communicate with her. I'm communicating now. And I'm telling you, if you gave me a six-month trial run on it, we would move the music inside and I will comply with what I need to comply with. I didn't realize I had anybody to communicate with. The sidewalk is half Middleton Thompson's property and half the property of the airport. And a fence between your parking lot and her property. I put up that fence. Please, please. You know, we'll stay away from the personal issues, okay? Thank you, Mr. Housing. And thank you, ma'am. I think, young man, you have something you want to say. Just very briefly, my name is Sean Burns. I'm a local business owner on the board of Seedleaf Nonprofit. And it feels like there might need to be a communication piece in between, so I'd be happy to help aggregate, you know, go to the meet with you or meet with the board, your neighborhood association, and kind of communicate these issues if it takes some of the personal piece out of it. And then videotape the actual occurrence over the next six months if we're granted a trial and communicate with Mr. Hume if he likes. So I'd be more than happy to be involved in that if I could. Thank you. Thank you. There's a lot of consensus. I just want to clarify one thing one more time. The variance is only because it's across from Woodland Park. Is that correct? That's correct. Okay. So that, but for being across from Woodland Park, there would be no need for variance. We'd still be here for the conditional use. Okay. Yes, ma'am. May I speak? You most certainly may. Thank you, sir. Who are we talking to? I'm going to identify myself. All right. My name is Kay Garner. I've lived in Lexington since 1968. I didn't know Ms. Kane until she opened her restaurant, and a friend took me there for lunch. Incidentally, it's a great lunch spot. They offer a type of food there that isn't available other places. Most people think of it mainly as the ice cream store. They're a little wrong because it's not ice cream, it's gelato. An Italian equivalent of ice cream I became very fond of in Italy. But I'm really surprised, shocked, you could say, at the turn that this is taking. Totally unexpected to me. In the first place, Lionel, I didn't know that you and Ellie had moved from Glendova area. I live in the Lansdowne Glendover area. I've lived there ever since I came to Lexington. And I love music. I'm here today because I'm a music lover. I support the Philharmonic. I support the opera. I support so many music and art endeavors in Lexington because I know it makes us a better community. Now, I hear you trying to work out what appears to be happening. Personally, I would hate to see the music taken off the porch because front porches were made for people. There are those who contend that some of the breakdown in our society is because we've moved to our backyards instead of our front porches. Who would not prefer their family be seated on a front porch? Well, a lot of people apparently, as opposed to inside playing video games and watching television. Air conditioning and moving our porches to the rear of the houses are often cited as reasons for the breakdown of the sense of community. I see Ms. Kang trying to establish that community. I see her doing it successfully. There are numerous people from all walks of life who are there. Husbands and wives bring their children to listen to the music. Yes, there are gays and lesbians there. But does that mean that other people can't come too? Apparently they feel welcome, they're there. A la your employee here. It boggles my mind when somebody who is attempting to build community is attempted to be struck down. There was a benefit earlier this summer that Ms. Kane sponsored. You probably remember the incident of the young woman who had a terrible car accident with her triplets and her infant in the car. Two of those triplets died. So who was there trying to raise money to help her out? Not their own benefit. She's not a relative. She just felt that people need help. We help each other. We're neighbors. Neighbors help neighbors. Neighbors don't hide behind an amenity and not say who they are and repeatedly call police, to my understanding of it, who cruise by and said, yeah, it's just one person complaining. So from knowing Ms. Cain now, she has told me that there was one person complaining. I believe her totally when she said it was just a few days ago that she found out there was more than one. I ask you to allow us to have music on the porch, just like we have music in the park. During Ballet Under the Stars, during intermission, I walked over. I knew this was an issue. I walked over, sat on the front porch at Six Friends for a few minutes, just to see how loud the music was. Now, I also walked over to the bandstand at Woodland Park. You all know the bandstand there. It's full of squirrels and occasionally homeless people. But there is drumming there. There are activities there. The sound from music at Six Friends when I was at the gazebo was barely audible, certainly compared to the sound at Ballet Under the Stars when they resumed after the intermission, and I sat there and listened there for a few minutes. this just doesn't make any sense to me as a music lover, as somebody who supports Lexington as somebody who loves Lexington I look at the growth downtown, people are now on our streets downtown isn't it wonderful what the difference the way made about that university kids are downtown university faculty and staff are over at Six Friends, I think we're growing community I would hate to see this board do anything that stifles that growth. That's basically all I have to say. Thank you, Madam. Oh, except, Lionel, I have used that sidewalk access. I had some medical problems last year. I was on a walker, not in a wheelchair, but on a walker. I parked in the rear of the building, and it was one of those little walkers that you can sit down on. A lot of the grannies have them. And I got through that sidewalk with no problem. So, you know, it's... Thank you, Mal. Thank you very much for listening to me. Thanks, Mal. I think this one's mine. I promise to be very brief. My name is Alexis Mortakis, and I directly work with the CAFE. I just want to say that D. Cain has put a lot of hard work, a lot of love, and a lot of energy in that place, just like she does for her community. To see this be what is the downfall of the cafe would be a travesty not only to her, but to the Lexington and to the musicians, local musicians, that she seeks out. It will be a travesty to all concerned. So I really appreciate you guys taking the time to hear all sides of this today. Thank you. Thank you. Staff, anything from you? Just one thought. There's a dilemma here about if you're inclined to approve this, possibly restricting it to indoors. And then we just had the speaker saying that that would be a travesty in her mind. But one possibility might be if it's outdoors to end a little earlier than if it's indoors. Engineering, any concerns with you, building, any concerns you have regarding this? No, we would just evaluate the building for indoor occupancy if she wants to move it indoors, but we have no objection to a six or nine month trial run, do a review, see how it's going. Thank you. First of all, we want, before we make a decision here, we want, first of all, thank you for coming. We know how tough it is when you have supporters for neighborhoods, and we know how difficult it is when you have supporters and non-supporters for business. It doesn't make our task any easier. As a matter of fact, it makes it tougher. We try to listen to you fairly, and we give each and every one of you an opportunity to express your concerns. and the love for where you live and the love for where you work. And we truly appreciate you coming forth with your concerns. And the staff, I mean board, do we have any questions or concerns? And suggestions we might. I'd just like to say that I see both sides of the story here. And I've been in Six Friends Cafe, and it's a nice place. And if I lived in the neighborhood, I would love to be able to walk to it and be a part of it. But I also understand that I don't live there. And so in the spirit of compromise, I would like to see the music moved inside. And I think that Mr. Marks' suggestion for if the board does consider having it outside for maybe July and August or a couple of months that it would end earlier. But I could support that. Anyone else? I'd have to say I find this very troubling, both sides of it. And generally on the variants, I would be opposed to giving a variant since there's a 100-foot requirement. But since it's across from Woodland Park, it doesn't make any sense not to give it. There's no reason to protect Woodland Park. And then on the conditional use, I think it makes sense to move it inside If it turns out that this is just a personal problem that can be worked out, it's always possible later to amend, ask for amended conditional use and move it back outside. But at this point, I'd want to see it inside, and I'd like the idea of a six- or nine-month review. Anyone else? Comments? If not, then we'll hear a motion, and any recommendations relative to additional conditions? Mr. Chair, I'd like to make a motion that we approve CV 2011-55, the Six Friends Cafes, appeal for conditional use permit to offer live music and a variance to reduce the required 100-foot distance from a residential zone to 60 feet in the B1 zone on property located at 191 Kentucky Avenue. With the four conditions, but with a modification to condition two, that the entertainment area shall be confined to the southwest corner of the existing building and indoors only, and that we have a fifth condition that there be a six- or nine-month review. If it's going to be indoors, I think it could be a six-month review. And then to recommend that the applicant build a good rapport with the people that live on Kentucky Avenue and when they're seeing it the way she sees it to come back and talk about outdoor music on the porch when there's not a large stack of opposition that's impossible to ignore. Do I have a second? I second. All in favor signify by saying aye. Aye. Any objectors? And the motion passes. And before you leave, I think he makes a very good point with you and your business. I think if you establish a rapport with your neighborhood, I don't find that neighborhood to be real difficult to deal with. And I think if you would show a friendly response, not that you haven't, by opening up your arms to the people who live in the neighborhood and explain to them what you're trying to do and why you're doing it, I think you'll be surprised. Thank you all. Thank you all for coming. Lewis, we've got an item to do. And we have two things left on the agenda. Johnny Temple, what are we going to do about Johnny Temple? I recommend that you disapprove. The staff recommends disapproval. and Johnny Temple is not here. Any concerns or questions relative to this case? So moved. We have a motion to adhere to uphold the recommendation by staff. Do I have a second? Second. All in favor signify by saying aye. Aye. Any opposed? Thank you. Motion passes to deny. And we have one more thing to get here. We want to take more than a couple of minutes. As you all know, Catherine left us for a short while, and she couldn't stand being away, so she's back. And before she left, she was the vice chair. And I would like to have a motion that that position be extended to her again, if you would, please. I wholeheartedly agree. I make the motion that Cathy be our vice chair. I have a second. I second. All in favor signify by saying aye. Aye. Any opposed? Thank you. Welcome back, girl. Thank you, staff. Good job. Some good words. Good job, board. Very good job. Did you adjourn officially? Did you officially adjourn? Okay. That's us. That's us. That's wrong with us. Thank you. Thank you. Thank you. Thank you.