I wouldn't have missed it for the world, wouldn't have missed loving you, girl. You've made my whole life worthwhile with your smile. I wouldn't trade one memory, cause you mean too much to me. Even though I lost you, girl I wouldn't have missed it for the world Oh, I wouldn't trade one memory Cause you mean too much to me Even though I lost you, girl Wouldn't have missed it for the world I wouldn't have missed it for the world Wouldn't have missed loving you, girl You've made my whole life worthwhile With your smile Oh, I wouldn't trade one memory Here we are Talking about forever We both know damn well It's not easy together We've both felt love We've both felt pain I'll take the sunshine Over the rain And I'll try To love only you And I'll try my best to be true Oh darling, I'll pray So I'm not scared It's worth a chance to me Take my hand Let's face Eternity I can't tell you that I'll never change But I can swear that in every way I'll try to love only you And I'll try my best to be true Oh, darling, I'll try It's Chitlin' Time! It's flying up from wall to wall. Lookin' good. Feelin' fine. It's chitlin' time. It's just a place into the hills where the young folks go. Let down their hair and watch the four wheels blow. Gonna heat up the still and turn the radio on. Listen to the blues boys pickin' them songs. Lookin' good. Feelin' fine. It's chitlin' time. guitar solo Put that long light on your eyes We don't want to be late tonight It's just a lie Look at you, feel it fine It's just a lie I'm out. Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh Sheldon from the night Across the bar, I see her there Flat-faced legs, neon hair, she said Hey stranger, what do you think? I ain't lost tail, but you ain't changed Sheldon from the night Shelter from the night Shelter from the night Same story at every time Blue moon lights up when the sun goes down Lonely people just wanna be found Some look for change, some look for life But we all need shelter from the night Southern from the night Sun coming up Another day of work gonna come I'll be on my way Days get long But I'll survive Cause when the sun ain't around, the blue moon shines Shelfy from the night Shelfy from the night Shelfy from the night I say a story in every town Blue moon lights up when the sun goes down Lonely people just wanna be found Some look for change Some look for life But we all need Shelter from the night We'll be right back. like to ask everybody if they please turn their cell phones off. If anybody's got a cell phone, please turn it off. And if you do have to take a call, please take it outside in the lobby, if you would, please. And was that your cell phone, Mr. Marks? Thank you. Okay. Anyone who's going to testify, would you please stand and raise your right hand? Do you swear to tell the truth nothing but the truth thank you you can have a seat um the first item is the approval of the minutes of april 25th i think you said that there might have been yes i'd like to make a note on page number 15 at the top um where i uh agreed with mr griggs i meant to agree with mr glover is that from his remarks that he made in the earlier paragraphs leading up to my remark i'd like to make that change to mr glover if i could please very good are there any other changes that makes me feel better very good makes me feel worse i know it should um well with that uh is there a motion to approve the uh the minutes of the april 25th meeting with that slight change So approved. Thanks. So moved. Is there a second? Second. Thank you, Mr. Glover. All in favor signify by saying aye. Aye. Thank you. Before I read the agenda, are there any withdrawals or postponements? Yes, ma'am. Would you come up to the mic, please, and state your name for the record? My name is Emmy Hartley. I'm here representing Cornette for our application for projecting sign on 249 East Main Street. So we're just requesting a month-long postponement to further review the staff report that we were provided and also discuss further internally. Very good. Is anybody else from the audience here in support or opposition of Cornette Integrated Marketing Solutions? Very good. Any members of the board have any questions? If not, we'll entertain a motion to postpone for 30 days. So moved. Is there a second? Second. Thank you, Ms. Meyer. All in favor signify by saying aye. Aye. Any opposed? Thank you. Thank you. I'm going to go ahead and read the, oh, Mr. Murphy. Mr. Chairman, I have a postponement on page 2, item 2, C, 2014-21, Solar Eclipse, LLC, at 2101 Palomar Trace Drive. Last month we were here and agreed to a one-month postponement. I agreed to clause that if we had not worked it out, I would ask for another month due to the fact that the attorneys for Mr. Simpson and Mr. Nicholson could not be here today. Unfortunately, we have not worked it out. My clients wanted to tell me, tell you that they have diligently been trying to, but have not worked it out, so I will request one month postponement on this. For solar eclipse? Yes. Yes. Is there anyone from the audience in opposition or anyone who would like to speak on that? Chapman Hopkins, I'm standing in for Bruce Simpson just reiterating that, that we agree that it should be postponed another month. We're unable to come to an agreement despite everybody's concerted efforts. Very good. Thank you, Mr. Trump. Does the Board of Adjustment have any questions for either? No. If not, the chair will entertain a motion to postpone for 30 days. So moved. Thank you, Ms. Meyer. Is there a second? Second. Thank you, Mr. Glover. All in favor, signify by saying aye. Aye. Any opposed? Thank you. Postpone for 30 days. And Chapman Hopkins again for Bruce Simpson on item number 3, 2014-35, on behalf of Keeneland Association. We're requesting a postponement of that as well until the September meeting. Very good. Is there anybody else that would like to speak on that or anybody in opposition? You want to postpone it for 60 days? Correct. Any questions from the board? What's the need for the postponement? There were a few things that needed further examination, I think, especially in light of the Breeders' Cup being announced. There are a few more moving parts. We wanted to make sure everything's in complete working order before it's presented. So you're still tweaking the building design? Tweaks are being made. I don't know if it's to the building design specifically, but that's what I've been told. Thank you. I'll move that we allow a two-month postponement. Thank you, Mr. Griggs. Is there a second? Second. Thank you, Mr. Glover. All in favor signify by saying aye. Aye. Any opposed? Thanks. Thank you. Before I read the agenda, I would like to welcome Ms. John Whitman to the Board of Adjustment. But Ms. Whitman has got just many years of experience in real estate development and building, and so we're delighted to have you join the board. Welcome. I'm going to go ahead and read the agenda and ask if the applicant's present, and if there's no opposition, we'll hear those cases first. If there is any opposition to any of the cases that are going to be called today, we ask that you all step out in the hallway and try to resolve your differences. I'd like to start with the Sims Entertainment Group. Is the applicant here? Yes, sir. Very good. Is there any opposition? Yes. You can raise your hands. Don't shout, please. All right. We'll take that. We'll take that later on. You can have a seat. I believe the next item is Eric Moberly. Is the applicant here? Mr. Emmons, would you like to report on that? For Eric Moberly, I did not actually expect the applicant to be here. If you remember, he was not here last month. The staff had recommended postponement. The staff is ready to recommend disapproval of this request later on in your hearing today. I do not expect the applicant to show up for this one. Okay. Well, we will hear that afterwards. La Cueva Bar and Grill is the applicant here. Thank you. Is there any opposition? Is there any opposition? Yes. Okay. We'll hear that case a little later. Kramer Cottage is the applicant here for Kramer Cottage. Mr. Murphy, is there any opposition? Is there any opposition to Kramer Cottage? Okay. All right. I believe the next item is Antonio Borroquez Perez. Is the applicant here? Very good. Is there any opposition? Any opposition to Mr. Perez? Okay. The staff has recommended disapproval, and we'll hear that case a little bit later as well. Mr. Chairman, there was one item on your agenda on page 3, item A, 2014-44, the pledge. Yes. The staff did receive via email a withdrawal from the applicant on this one. it's customary for the board to go ahead and take an action, just recognizing the withdrawal and removing it from today's agenda. Do I have a motion to accept the withdrawal? So moved. Thank you, Mr. Glover. Is there a second? All seconds. Thank you, Mr. Griggs. All in favor, signify by saying aye. Aye. Okay, withdrawn. Very good. Well, I think the first case that has no opposition is Kramer Cottage. So I would like to ask the applicant to come up, please. Mr. Chairman, we have received one letter on this. I will pull it out of the files and pass it out. Okay. Mr. Chairman, if you want me to proceed while Mr. Emmons is finding that. Sure, Mr. Murphy. I'm Dick Murphy. I'm representing the applicants, Ben McNeese and Cindy Giles, and we do agree with the conditions set forth in the staff report. I did want to enter into the record a petition signed by over 200 people in the Kenwick neighborhood who are in support of this change in non-conforming use. This was discussed at the Kenwick Neighborhood Association meeting two nights ago, and I don't think the association took a formal vote, but after the discussion, many people signed the petition in favor, including the president, vice president, secretary, and board member of the Kenwick Association. So I'll give that to you to put in the record. Thank you, Mr. Murphy. And if you would, just give us a minute to read this letter and we'll... Here's a copy of the letter. Sorry, I didn't mean that. Mr. Grace, you can pass that back when you get done with it. Thank you. If everybody's had a chance to read the letter, Mr. Murphy, I'd just like to comment. I think the lady in opposition talks about, I think her biggest concerns seem to be the layout of the facility, of the house, and obviously the pedestrians, particularly the children that ride through the neighborhood, and she feels it's a hazardous area because it's also a major intersection for bus traffic that transports kids to and from Ashland. So can you respond to that? Yes, certainly will. The layout of the property is not changing. The staff has asked us to stripe this in accordance with the Division of Traffic Engineering, which we've agreed to, there are actually stripes on the pavement which are there right now. And I'll enter a photograph into the record on that. I'll, if you can. I've got two photographs. One is a, I've got before and after, or before and current pictures to show you about the use. And the first one, once it gets up, is actually off of the Google Street photographs, which was taken probably a year or so ago. And it doesn't show up in the light, but the sign is on there. It says Dave's Barbershop. You can see the access arrangement that was there. The barber was there for 30 years. he had a couple chairs in there he got a lot of traffic in and out a lot of it was walk-in traffic because it was a community barbershop and a lot of people would come every day to socialize even if they didn't need a haircut it was a true community type barbershop and the layout is not changing but if you can show the second picture Ben and Cindy in the last year have done a lot of work to improve the appearance of that. You can see faintly in the photograph, you can see the lines that had been on the pavement, and they will re-stripe that in accordance with the traffic engineering request. And I want to point out Ben and Cindy live in the house that is attached to this building that faces Owsley Avenue. They're there on site. Cindy has inherited this property. It's been in her family for, I think, at least 40 years. It has been used in the past, as I said, for the last 30 years. It's been used as a barbershop. prior to that for 20 years it was a laundromat which had a lot of traffic in and out prior to that it was a well the the word Kramer cottage is because this was a locally famous restaurant and watering hole for the neighborhood for many years before it was a laundromat it's also been a confectionary store. We found records in the city's directories back to the 1930s. We believe this portion of the building is probably 80 or 90 years old. There is no evidence at all that it's ever been used for residential use. If you look at it, you can tell it's a commercial structure. We have researched it and it has been used commercially continuously since the 1930s. And this is the parking layout. We're not changing that. As the staff pointed out in the report, a store of this nature requires less parking than a barbershop does, and that's because in general, parking is correlated with how much traffic you have coming in and out. So we're required about half the parking that a barbershop would be. And it's very low traffic. It's designed for this use is designed for people who live in the area so they can walk there. I did want to point out one thing about the staff report. They talked about the hours. The hours of operation are not a condition of your approval, but we wanted to just state for the record they do want to have the option of being open seven days a week from 8 o'clock to a.m. to 7 p.m. That doesn't mean they will be open those hours, but they want to have that option depending on what works best for the community on there. So those are their proposed hours. And I don't want to go into my full presentation for you because we do have 200 signatures on a petition in favor of this, including the officers of the Neighborhood Association. But this does agree with every planning principle we've had in this community for the last 10 years, and that is neo-traditional development. You know, there's an old country song that I was country before country was cool. Kenwick was neo-traditional before neo-traditional was cool. And that is that it has a mixture of housing types, has a mixture of income levels of people. But most important, it has neighborhood-based businesses that people can walk to. We have this one here that's been here for 80 years. Just catty corner, there's the Wilson's Grocery, which is a small neighborhood grocery, which has probably been there for 80 years as well. In one iteration, there's another. Across the street, we have Victory Christian Church, which very heavily serves this neighborhood. Within a block or so, there's another hair place, which is why they don't want to put another barbershop in here. There's another hair place pretty nearby and some other stores. So this is going toward having walkable, bicycle-able, if you will, uses in the neighborhood, which supports what the comprehensive plan in this community has been doing for the last 20 years. I do have some excerpts of the comprehensive plan. I'm not going to read them to you. I'll just stick them in the record as well since I've got them here and put those in the record. but was that sufficient response? Probably more response than you ever wanted to hear on this one. So I'll rest the case, but I'd be happy to answer any other questions that you all might have. Very good. Does any members of the board have any questions for Mr. Murphy? Mr. Evans, did you have anything from staff that you'd like to add? No, sir. The staff would point out that the additional hours of operation, we did not set specific times on that, but it was documented what the applicants were requesting as a part of their application. For the record, the staff does not see any being open on Sundays as they are requesting. I believe it's good to go ahead and get that on today's record. and the staff has no objection to that. There should be no material difference in our recommendation based off of Sunday operation of this use. Thank you, Mr. Emmons. Does anybody else have any other questions for Mr. Murphy or Mr. Emmons? I wasn't sure. The being open on Sunday, would that be a condition of the use or is that just something that... The staff did not put the proposed hours of operation as a specific condition for this. It would be covered under the general recommendation of number one that it will be done in accordance with the submitted site plan and application. The staff was not trying to, when we mentioned the hours of operation, we were simply reporting what the applicant had told us at the time of the application. We were not trying to dictate the hours of operation of this use. We just wanted to note that because there was some discussion in the discussion section of the staff report, and we wanted to, my clients have thought about this a little bit more and wanted to have that ability to be eight to seven, seven days a week. So we wanted to mention that in the record in case there's ever a question five years from now on it. It's not specifically listed in your conditions of approval, though, but we just want it to be open and get that on the record. Mr. Glover, did you want that listed as a condition? No, not necessarily. If it's flexible enough for the applicant, then it's flexible enough for me. Okay. Thank you, sir. No further questions? Chair, I'll entertain a motion. Mr. Chairman, I move that we approve A2014-49 Kramer Cottage's administrative appeal to change one nonconforming use barbershop to another repurposed home goods store in a two-family residential zone at 1023 Kramer Avenue for the reasons recommended by staff and subject to the four conditions listed. Thank you Mr. Glover is there a second? Second. Thank you Ms. Meyer. All in favor signify by saying aye? Aye. Any opposed? Thank you Mr. Murphy. Thank you. I'd like to go back up to Eric Moberly. Mr. Evans I know that we have tried to reach out to Mr. Moberly. Could you give us an update on the status? I can. If the board remembers, last month the applicant failed to show up at the hearing. The staff has had three phone conversations with the applicant in which they stated that they wished to withdraw their application, that he had lost this space. However, the staff has failed to receive that in any sort of written form, either via email or from a written communication from the applicant. Therefore, the reason why the staff had recommended postponement for this originally is that we were looking for additional information in order to be able to ascertain this use. The staff is now recommending disapproval of this recommendation with some very slight modifications to the conditions that are listed in the staff report and on the agenda. The first one being that the applicant has not provided information regarding the number and scale of competitions. And the staff would also suggest adding a third finding that the applicant has failed to represent themselves at either the June 27, 2014 or the July 25, 2014 hearings. Thank you, Mr. Emmons. Does anybody have a question? Jimmy, I have a question. What are the consequences of disapproval for this applicant? If a disapproval of this application means that a similar application could not be filed on this property for one year from the date of disapproval. Thank you, Mr. Evans. I don't know how other members of the board feel, but it seems like we've given Mr. Moberly ample time to respond. And we've not heard anything from him. And obviously, if he wants to come back to the board, he's going to have to wait a year. But I think that we have done our due diligence and given him ample opportunity to respond to this board and to the staff as well. So I'd like to entertain a motion if you all were feeling the same or if you'd like to postpone it for another 30 days. Mr. Griggs? Mr. Chair, I move we disapprove C-2014-43, Eric Moberly's appeal for a conditional use permit for an athletic facility in the light industrial zone at 2416 Palumbo Drive, based on the staff's recommendation and their three reasons. Thank you, Mr. Griggs. Is there a second? Thank you, Mr. Glover. All those in favor of disapproving the request, signify by saying aye. Aye. Any opposed? Thank you all very much. Well, we'll go back to the front of the agenda. And the first item with opposition is Sims Entertainment. So I'd like the applicant to please come forward. Please state your name for the record. Gerald Mack. Mr. Mack. Thank you very much, Mr. Mack. Sims Entertainment is up for a six-month review of a conditional use permit. granted by this board, obviously six months ago, for a bar and nightclub with live entertainment and dancing in a neighborhood business. It's on 815 Euclid Avenue. And what I would like to do, because I can see there's many people in the audience here today, probably some in support and some in opposition, I'd like to hear the staff's report first because we're obviously reviewing this after six months, and then I'm going to give you. And what I'd like to do, because of the number of people in here, and this is rarely done, but what we'd like to do is, Mr. Emmons, we'd like to limit your report to five minutes. We'd like to limit the applicant to five minutes, and we'd like to limit the opposition to five minutes. And then you all will have an opportunity to come back and rebut. But and if there's anybody from the audience for this or opposed to this, we're going to put a three-minute limit on you. And we also want to, you know, we want to make sure that we're not getting applicants up here, the applicants or the opposition to repeat themselves. We'll only hear things that are new as it relates to the review and the future. So with that said, Mr. Inman, I'd like for you to start, please. Thank you. Thank you, Mr. Chairman. For the record, and to start off with some housekeeping, this item is located on your agenda on page one. It is C2012-70 Sims Entertainment. This was approved for a nightclub and a cocktail lounge on property at 815 and 817 Euclid Avenue. The planning staff has passed out three pieces of paper to you just now. The current Certificate of Land Use Restriction form. We also have copies of this on the back table. This is the 13 conditions that this conditional use is currently operating under. We have the, I passed out the minutes from the January 31st, 14th meeting. Both of these things were passed out to you in your packet in the mailing. This is the last meeting in which this case was heard before the Board of Adjustment. And finally, the staff, the one new item that you have is an abbreviated timeline of this. I'll go through that just a little bit and kind of set the stage and then end the staff presentation. For the timeline, I thought it would be good just to kind of get facts on the table. And I started this timeline with the last use before the Board of Adjustment was involved. And that was in 1985 for the Chevy Chase Cinemas. That was a principal permitted use in the B-1 zone. And it's kind of where I started the story. There are building permits dating back to 1948, and I'm not exactly sure how much there is before that. But the story begins with the Board of Adjustment in 1985 with Midtown Investments, where it was approved for a restaurant with live entertainment and dancing, including cocktail lounge and a nightclub. And the board approved that subject to a single condition. You can see down the next point in August of 1991, the board revoked that conditional use for Midtown investments. Two months later, in 1991, J.D.'s of Lexington and Robert G. Batchelor were approved for a nightclub cocktail lounge offering live entertainment and dancing. So what they lost was the restaurant portion of that use. At that time in 1991, the board approved that use subject to six conditions. One of those would be a one-year review, and you can see that in 1992, 93, and 95 that they were reviewed. In 1995, the board determined that annual reviews or biannual, or every two-year reviews are unnecessary. Kind of fast forward that from 1995 to 2012, there have been several uses, several name changes. I mean, not several uses, but several different businesses. But the uses remained consistent as a nightclub and cocktail lounge with live entertainment with the six conditions originally approved. In 2012, October 2012, Sims Entertainment Group requested an amendment to that conditional use in order to extend the hours of operation. The board did approve that with a six-month review, and they expanded the conditions to 11 conditions. The next step was in, let's see, in January of 2014, the six-month review from the time they opened came up, and the board added two additional conditions, which is how we got to the current certificate of land use restriction with the 13 conditions of approval. And one of those was that today there would be a review of those conditions for approval. So I wanted to kind of lay out that timeline just so you get the perspective of the uses on this property, kind of lay out what today's hearing is about. It's about a review of the use. The last time that this was before the board, this review is a direct result of the 2012 application in order to expand the hours of operation, which was directly related to the 1991 when the use was approved. The, there, I believe that it's just like you did in your January hearing, should the board, after today's hearing, should you wish to approve this use and leave the 13 conditions alone, you're, you obviously can do that. Should you wish to modify any of the conditions that are on, out of those 13 conditions or add conditions, just like you did in January, that is certainly on the table. The staff has been aware that there were several neighbors that were asking to revoke this use. The staff would like to point out that today's hearing is not about revoking the use. The staff is of the opinion that you do not have the authority today to revoke the use. But should, after you hear that, decide to set a revocation hearing, the staff would ask that you set that at least two months out in order to prepare time to begin the proper notification and paperwork. So there is a multitude of decisions that the board could make today. And the Division of Planning is here to kind of help you as you've gone through the evidence today and as you make your decision. Very good. Thank you, Mr. Emmons. That was right at six minutes, so I'll have to give the other, the applicant in opposition an extra minute. I would like to ask if any members of the board have any questions for Mr. Emmons. I do. Mr. Emmons, do you have any evidence that they're not in compliance with these 13 conditions, and especially the one that indicates that there shouldn't be noise or other emissions that are a disturbance to the neighborhood? As of today, there have not been any official complaints. There have been many calls about the behavior going on in this area, but there hasn't actually been any, today, any zoning. Zoning, help me out here, Jim. I'm trying to get the wording correctly. There haven't been any complaints filed with the Zoning Enforcement Office. However, we are aware of concerns that have been expressed to at least maybe two of the council offices, which you might hear about today. Thank you, Mr. Marks. Well, I suppose my question really is how do we interpret the discussion that happened six months ago on whether the disturbances to the neighborhood that occur inside and in front of this bar are in conflict with the condition that says there shouldn't be any? I believe that's one of the things. I believe that is a good question for you to be asking as you're going through and listening to the different testimony, both from the applicant and the opposition today. And at the end, that's part of the reason why I just right up front addressed the fact that should the board choose to set a revocation hearing based off of the evidence, that that would go for that. At this point in time, we have not had any official zoning enforcement actions on this. Normally it wouldn't because you come up with your one-year, instead of having the staff level one-year review, the board took this is essentially the one-year review of this use since it was approved in 2012. Thank you, Mr. Emmons. Does anybody else have any other questions? Also, for the record, I believe some of the neighbors had passed out to you some information to you just before the hearing. Thank you. And this was handed to the staff just prior to the hearing, too. I will go ahead and pass out this piece of paper. So we have to get that over the place. Thank you, Mr. Emmons. We'd like to ask the applicant if he would step forward, please. And state your name again for the record, please. Gerald Mack. Mr. Mack. Mr. Mack, you've heard the staff report, and obviously we've looked over the conditions which this board actually proposed and were granted back six months ago. So do you feel that Sims Entertainment has adhered to the 13 conditions? And would you like to make any other remark or statement? Yeah, Sims Entertainment is the company that I bought the club from. And we're in the process of it now, the transition process. So the review was set before I actually took over the club. So you're the new owner of the club. I'm a new owner. I've been in for the last three months. I came in somewhat aware that the neighborhood wasn't too fond of nightlife being over there, but I acted on the fact that I knew it had been a nightclub for 30 years, which put me in a mind state of it must be some kind of way to get along with the neighborhood. I've only been there for three months, and I'm willing to do whatever it is that I need to do to make sure that I'm at peace with the neighborhood. I haven't had a chance to do that just yet. I'm talking about meet the neighborhood, talk to them, get their concerns, and address it. Now, I've been proactive on a few things already. I've hired a cleaning service the day I took over, and they come every Sunday morning to clean up the neighborhood because the two previous owners had told me that was one of the main concerns with the neighborhood. So I did that before I met any of the neighbors. And maybe I need to have them come back Friday and Saturday and Sunday instead of just Sunday. As of right now, in the last three months, they've only been coming on Sunday. And then another thing I wanted to be proactive about was I know that crime is up in Lexington, period. So I don't want to be naive to the fact that the crime levels are up. So my fix to that was extra security, off-duty cops and having a detail and a police presence to keep down on the loitering and people hanging out after the let out of the club. Thank you. Thank you, Mr. Mack. Does anybody have any questions for Mr. Mack? Mr. Mack, I have a question for you. We have a list of a number of people that have signed this petition that have agreed to another condition of limiting your operation to 1 a.m. Right now it's 2.30 a.m. As Mr. Emmons said, there are several things that the board can do today as far as taking action goes, and he mentioned a number of those. No further reviews necessary. Grant another six-month review. continue or can revise the conditions for another six months. Obviously, a revocation hearing, if that was voted upon, again, as Mr. Inman said, that that would take a couple months to do because obviously they've got to send out notice to the neighbors and so forth, and there's some other things regarding the ordinance that have to be followed. So that was one of the things that this petition had indicated was to restrict your hours to 1 a.m. Is that something that you would be opposed to? Yeah. 70% of my income is made after midnight. I open my doors to the public at 10 p.m. From 10 to 11, you'd be happy to get five people. It doesn't mean it's going to be a bad night. From 11 to 12, you'd be happy to have 50 people. And the other 250 people aren't coming until 1 o'clock. So it'll be devastating to my business. And my lease that I negotiated is based upon the revenue that I'm going to be able to make during the operating hours of 10 to 2.30 a.m. Shutting me down at 1 o'clock would put me in a position to where the situation just wouldn't make sense. and the investment is already made, and, you know, there's lease and bills, and I wouldn't be able to pay them if I had to shut down at 1 o'clock. It would be devastating to me. Okay. Well, thank you. Does any other members have a question for Mr. Mack? Okay, Mr. Mack, you can have a seat. Would like to see if there's a spokesperson for the opposition that would like to come forward. Come on up and state your name for the record, please. Hello, my name is Sally Warfield. I'm the legislative aide for Diane Lawless. She's the council member of the 3rd District. Welcome, Ms. Warfield. Well, you've heard the staff report and you've heard the applicant, and how would you like to respond to the conditions and whether or not they've been met and any other concerns that you have? Well, I was actually here six months ago, and we were in opposition then as well. And we were requesting that the condition that allows it to be open to 2.30 be kicked back to 1 a.m. to limit the emissions and limit the disturbances to the neighborhood. And we negotiated then to hold that for six months, pending some informal agreements that they would help pick up the trash, they'd keep a tighter lid on things, and that they would restrict entrance to people 21 and older. So those were some of the things that we agreed to. In that time, now, one of the things, let me go back a little bit, that I presented at that time six months ago was a police report showing that there were 15 responses in the neighborhood to 815 Euclid Avenue. And as part of that, I'd like to note that, Mr. Griggs, you said that in the last part of condition number 10, it says that the emissions from this bar would not create a nuisance to the surrounding neighborhood. that doesn't just need to mean sound. It can mean everything that is going on outside their door. He, Mr. Greggs, that's you, then said that it might be in six months when the board reviews this that if there is the same kind of police report that is in front of the board during this hearing, it may mean that they are not meeting their conditions and the conditional use could be subject to being lost. And today I'm coming with a new police report for the most recent six months and it's actually gone up from 15 instances to 25 instances. So it has increased about 75% in the time where we had the informal agreement that they were going to try to limit emissions and also reduce the amount of under 21-year-olds that were there. Now, I respect the fact that Mr. Mack has just now taken over ownership and management of this company from Sims Entertainment. However, I have in front of me a case report from the Kentucky Department of Alcohol Beverage Control who responded to 815 Euclid Avenue where it says that the person in charge of premises was Gerald Mack, manager. And in the description of the disorder, it says that it is a disorderly premises, number one, and number two, the second charge, is that they were allowing under 21 on premises. Both of those things are in direct violation of two of their conditional agreements in their conditional use permit. and based on that we would like to request the following. We would like to request that their hours of operation be dropped back to 1 a.m. because part of what the problem was in October 2012 is that the citizens as well as the office of Bill Farmer and the office of Diane Lawless were concerned that the disruption ensuing from that extra hour and a half in the a.m. would just be intolerable and we believe that after 12 months now that's proven to be true And we would also like to request that you schedule a revocation hearing of the conditional use permit for the premises. Does anybody have any questions for Ms. Warfield? So you're asking that the hours of operation be dropped back to 1 a.m. And had the applicant agreed to do that, that really is not a consideration because you're asking the board for a revocation hearing. Is that correct? We're requesting both because, as staff said, the revocation hearing could take about two months. And based on what I've seen on social media, they're planning on having a Friday night event similar to one that they had a few Friday nights ago when shots were fired in the Domino's parking lot and a police officer was struck by a fleeing SUV. And the person who was in that SUV was known to have been at 815 Euclid Avenue. So we would like to kind of calm that down in the short term, which is why we're asking you to drop it back to 1 a.m. But in the long term, we are asking for the replication, yes. And would it be possible for me to defer some of my time to Commander Melissa Sedlicek of the Lexington Police Department? Sure. She'll have only a minute or two. Is that good? Hello, I'm Commander Melissa Sotlicek. I'm the Central Sector Commander where the club is located. We've had officers that have met with Mr. Mack in April to try to head off some of the issues that we were seeing going on. What's kind of happened in the meantime is the incidents have not gone away. They've gotten more frequent. We've had officers that have responded to disorders that have happened. We had an assault that happened inside the club, an assault with the bottle. We've had disorders that have happened right outside the front door, disorders that have spilled into the street, and then onto other businesses' properties during this time. The way it's kind of causing us some issues is basically it's a matter of resources. We're having to put several officers down there when they get these loud disorder calls and large crowds, and those officers are being pulled from other places to come to this one business. And I just want to comment that Central Sector contains all of downtown, north side of downtown, has numerous clubs in this area, and this is the only location that is causing us these consistent issues where we're having to give resources to. Mr. Mack has not hired off-duty officers to work at his club. That's against our policy. The condo association across the street has had to hire off-duty officers because of disorders and trespassing that's going on in the parking garage across the street from the club. Thank you. Before you leave the podium, does anybody have any questions for the commander? Mr. Glover? I do. Is there something about this club from your police perspective that makes it different from any other club that's within your sector? I don't know if there's anything different about this club. You know, it's been a bar in the past. There's other bars in central sector that have events. And I can't really speak to why the events at this location turn disorderly. You know, I have no idea. So I don't know if it's the event itself. I have no idea. But there should be no difference in this club and any other club. And our preference is to not have to respond to these large crowds and disorders at this location or any location. But so far, this is the one location that's consistently taken our resources this summer. Are you saying that this club is taking your resources disproportionate to the resources that you would assign to similar clubs? Absolutely. We don't really assign resources to other businesses to sit there and just provide some kind of private security. We respond to calls for service, but because of the nature of these calls, where the crowds have been so large and disorders have broken out while officers have even been on the premises, the officers have had to stay at this location to try to disperse crowds. In your opinion, is this club a nuisance? It is, yes. Thank you. Quickly, Mr. Wolf. Just real quickly. And it's the position of our office and as representatives of our constituency that they're having these problems with this nightclub, but our position really is that this isn't the place for a nightclub. This isn't a place for something that's going to stay open until 2.30 in the morning and have large events. It's just not the correct location for it. Thank you, Ms. Warfield. I'd like to ask the applicant to come back up. You've heard from the opposition and Mr. Mack. Okay. It was a lot, so I have a few things jotted down. They had mentioned that this was the only location that they was having trouble out of. That's not true. There was a shooting inside of a club down the street on Euclid Avenue, a club that doesn't search, a club that doesn't communicate with the police the way I do, a club that doesn't hire outside security, outside the police detail, as I do. And that was at T-Bar. And when the shooting happened, they ran over to Art Bar. And so I wanted to throw that out there. And then the off-duty detail cop was an idea of mine that I took to Mr. Collier, who is a guy that owns a lot of the property in Chevy Chase. Now, it is true. He hires the off-duty officer. But I go to him because after talking to previous owners, I know that he doesn't like for the patrons of that club to park in his garage, the Fox News station. So I go to him and I say, well, you know, if you get a police detail, we kill two birds and one stone. He can block your parking, and now we can't park there. And I now have a police presence to cut down on the loitering. And he said no at first, and then he came back maybe two months after that and said, you know what, that is a good idea. And that's how I got the police detail out there. And then the shooting, the lead shooting at Domino's, it's all speculation. My people, I have 17 security guys on staff that night. I got 12 of them on the inside, and I have a security company that secures the parking lots outside. And at 2.30, when I cut the lights on, my security is instructed to go outside and surround the building to make sure everyone's leaving. Now, I don't recall, my staff doesn't recall a shooting happening at Domino's. It's still going through the court system. I am aware that a place called Off the Hookah, which is also on Euclid Avenue, had a shooting that night that didn't make the news. And it was an 18 and up event. And then to respond to when she said that there was underage people being let in, there wasn't being let in. That particular underage guy that had got in trouble, he had used a fake ID. I probably got a stack of fake IDs. My security keeps them. Sometimes I guess people slip through the cracks. This guy did. We maybe got 50, 60 different IDs. People that are underage constantly try to sneak in. And when they don't get in, they kind of linger around, which I believe that police detail is set up to help me with that. And this is me and Mr. Collier, the guy that owns the Fox News station, having conversations about that. Now, recently, in the last few weeks, we've been going back and forth because I felt like it was that I wasn't getting the police presence. They are a whole football field length away from my front door when I let out. Mind you, I still got my security guys, but there is a difference when you're dealing with a cop that can take you to jail as opposed to a guy who has no authority to take you to jail. And then, and from my understanding, the police has been granted the opportunity to drive around when they're off duty in their cruisers just to increase the police presence in the city. I think that that speaks to how the crime rate is up in the city as a whole. And like I said, I'd rather be proactive than reactive. I had one time I had some cops that was over there and and they was with the off duty cop and they was setting. And I go and I say, hey, I'm about to cut my lights on. They say, well, we can't do anything until until something happens. And I'm like, so, I mean, to me, that's like taking all the security cameras out of a bank and alarm systems and just waiting to someone rob it and then react to it. I think it's naive to think that, to ignore the fact that crime is up. I know that the neighborhood has its own problems. I know there was home invasions and shootings and a lot of things happening that has nothing to do with the hours of 1 to 2.30 a.m. And then I also want to speak to the fact that the cops are there so much now because I called them. When I came into the neighborhood, the first thing I'd done was hunt down the head sergeant on Saturday nights, a guy by fair guy named Sergeant Russell. And Mr. Russell told me he understands my concerns with the neighborhood. and I was explaining to him that when you're dealing with crowds of 200 or better, it's a reason why you have police presence and crowd control racks. It's no different than Rupp Arena having a game and having a police detail. Boy, that's 20,000 people. So say a Latino concert downtown or Thursday Night Live, you see cops all over the place and they're allowed to actually walk out with their liquor. So when I look at that, I say, well, that is part of the formula of controlling crowds of 200. Every time I see a crowd, there's police detail. So that's the common denominator in it. And that was the reason that I went to Mr. Collier to try to get his help on getting me a police detail outside. Okay, Mr. Mack, thank you. Just to clarify, the 17 security people that you have now, none of them are off-duty police officers. Is that correct? You said that you had a private security firm that was? None of them are off-duty police officers. The off-duty police officers that I was speaking of in the beginning was the ones that Mr. Collier hired. But he hired him because we had a conversation about it. And collectively, we came up with, yeah, that's a good idea. More police presence, and he gets to block their parking lot. And just to finish with the conversation me and Sergeant Russell had, I was instructed directly from the head sergeant, Mr. Russell, to call them every time that I have a crowd that I think is going to be a big night. And I said, now, I'm in the nightclub business. I hope to have big nights all the time. And he said, call me. and I call the police station and have them patch me in. And he told me to do that and I make sure I do that. So them seeing more police officers recently is me calling them and me communicating with the police because you just can't run a club from home in bed. You got to be in the middle of it. You got to know who to keep out of your club. It's a tough business, but I'm pretty good at controlling it. And I've been in the business for 10 years, and I know that there's been other problems, and I understand where and why they're having those problems. And my know-how puts me in a position to deal with it best. Okay. Thank you. Anybody have a question for Mr. Mack? I do, Mr. Mack. So do you think you've been a success at keeping this club under control, or do you think that you've been a failure but it hasn't been anything you could help? It's a little early to judge. As of right now, the club has zero citations from local or state ABC and no citations from the Lexington Police Department. I would say that it's been a success. I would say that there's been a misunderstanding. When they see police, they think they are always responding to something happening, but that's not the case. Behind the scene, me and Mr. Russell are staying in communication to make sure that I have a police detail on my big nights. So to answer your question, I feel like it's been a success. Thank you. Thank you. Anybody else have any other questions. What I'd like to do, Mr. Mack, is since we have the applicant, you up here, if there's anybody from any witnesses from your perspective that'd like to come up that are in support of you, we'd like to go ahead and bring them and then the opposition is going to get ample time to respond as well. So if there's anybody else from your group that would like to speak on behalf of the club, it's their opportunity to do so right now. Okay, and quick question. After the opposition speaks, do I get a chance to come back? We'll give you an opportunity to vet any answers. We're a pretty fair and very impartial group up here, so yes, you will. Okay. Good afternoon. Yes, would you state your name for the record, please? My name is Courtney Campbell. Yes, Ms. Campbell. I'd just like to state that since the acquisition by Mr. Mack of the art bar, the crime, as we all know, has been a violent crime, particularly in Lexington, Kentucky. But I do want to make note that according to crime certificates listed online that the LPD placed on there, the crime has not been directly related to crowds at his establishment. the hours that the crimes are taking place are you know he stated that the crowd doesn't really come to his establishment until about midnight or thereafter the crimes that have taken place in that community I noticed have taken place before then maybe after nine o'clock and then in the wee hours of the morning 2 30 or after and are not directly related to the crowd that's coming from his club. There have been shootings, alleged shootings in that area that are not related to the crowd coming from the art bar or people attending the art bar. A majority of those crimes have been committed by people under the age of 21. Those people, of course, are not allowed inside of his establishment. And also being a part of a band that performs at his club, He is right in the sense that people don't filter in to the club. He does not make his revenue. We don't make money between the hours of 10 and 1. People do come out to hear the live entertainment and, you know, to dance and hear the DJs, but they do not come out until after midnight. So I do think that putting a limit on that conditional use permit for his establishment to have to close, to force him to close at one, not only directly affects him as the owner, but other people who are employed by him and people who perform in his establishment. Okay. Thank you, Ms. Campbell. Is there any questions? I have a question. I have a question for you. Ms. Campbell. Ms. Campbell. Yes. What time does the entertainment start? Entertainment typically starts between the hours of 11 and midnight. um could it start earlier it could but we wouldn't have a crowd therefore we wouldn't make money because we perform to a crowd so we'd be singing to ourselves is that an assumption or is that a sure thing have you that's a sure thing i've been doing this for it earlier we have tried it earlier we have at this location yes okay thank you thank you thank you miss camel anyone else I would like to speak on behalf of the applicant. Please come forward. State your name for the record. Thank you. I'm Al Grash. On behalf of Sims Entertainment, you may recall I was here in January. On behalf of Sims Entertainment, I really wanted just to reiterate that we did transfer the club to Mr. Ward some months ago. He has operated it since then, and merely to confirm that we, in fact, did that not long after the last appearance in January and chose to sell the company, transfer the company to an experienced gentleman that we thought could operate the bar properly and address the problems that had occurred in the past. Did you have conversations with him about what a tenuous situation you were in as far as your conditional use permit? I personally was not involved in the transactions. It's my understanding that, yes, the principals of Sims Entertainment did review the situation with Mr. Ward, made him aware of the conditions, the state of the conditional use permit, and the 13 conditions that it's subject to. And that there were some serious neighborhood problems. Well, again, I can't comment the specifics of the conversation because I wasn't involved. I am told by my clients that, yes, Mr. Ward and his group were made aware of past concerns and the conditions to the conditional use permit. Thank you. Thank you. Thank you, sir. Anyone else? Cheyenne Tower. Yes, Mr. Zeller. I'd just like to state he pays me to clean both of his properties on the outside, all the trash, anything that's left behind by his patrons. He has stated he wants it to keep it as clean as possible. So just to let you know. Thank you. Thank you. Anyone else for the applicant? I'd like to go ahead and hear from the opposition. As I said, we'd like to limit that to about three minutes, each of the speakers. And again, we want to hear new information. We don't want to have folks come up here and reiterate the same thing. So if you would, please come up, state your name for the record. Thank you. My name is Bennett Bayer. I'm here on behalf of Caller Properties and Equity Management. You've heard the name Mr. Caller come up. First off, I'd like to state for the record that the callers do not think that the situation has improved. In fact, the callers believe that the situation in the neighborhood has deteriorated since the club has opened under new management. The circumstances associated with hiring the police to control access to the garage across the street was directly as a result of problems associated with crowds, late-night crowds. And that seems to be most of the problem is that in the past, while there may have been some problems, it is the exacerbation of the problems, which we believe directly related to the later hours now, a different group, a different time frame, different problems. The conditional use permits under the Lexington ordinances specifically states that they should not have an adverse influence on the subject property or its surrounding neighborhood. Those are always mandatory conditions associated with any conditional use permit. The net effect is we believe that there has been an adverse influence on the neighbors. As far as the cleaning up, the lots around the area are owned by caller properties, mostly the private parking lots, and they're suffering quite a bit from a lot of trash, a lot of debris that is there. They may have hired a private cleanup crew, and it's not helping. We're still having a significant amount of flyers and other debris, bottles, materials, bloody rags, whatever it may be that we're still finding in the mornings after the club operations, and we're having to accept responsibility for the cleanup. So just to make sure, I wanted everybody to understand, caller properties is in favor of whatever restrictions that would be placed upon the conditional use permit that would be allowable today but we will also be seeking for revocation at some point time in the future for the conditional use permit because it does not seem that the club is operating in conformity with the needs of the neighborhood thank you does anybody have any questions thank you I'm Bob Sessom. I am on Hanover Towers, 101 South Hanover. I'm president of the Ashland Park Neighborhood Association, which joins the Chevy Chase business district there. We are very much opposed to continuing the process as it continues at the present time. We would ask that the hours restriction be back. We would ask for the probation of this establishment in the future. I have some neighbors here who would testify personally what they have experienced, but we have experienced trouble in the neighborhood from this establishment, this entertainment establishment. We have not had that difficulties before with other liquor establishments or other party establishments. Collar around my neck doesn't mean that I don't enjoy liquor. It doesn't mean I don't enjoy partying. So I'm not coming from that philosophy or that principle. what has happened and taken place since this establishment has opened. I've been here before where you put the conditions on it and then you give them six months of review. We come back, you put some more conditions on it, we come back six months on it. It's not improving. It's deteriorating. It's going down. It's not helpful to us at all. We have had a shooting. I think today you could, with black ink, clarify this, postpone, not necessarily postpone, but move the hours back to 1 o'clock. down the road. Hopefully there'll be an opportunity where you will come back in two or three months where you can absolutely close this down so it doesn't happen anymore. Or otherwise, if you continue it's going in a very dramatic way, you're going to have blood on your hands because someone's going to get killed or someone's going to be harmed in a very horrible way. So I ask that you please listen very closely, that you would think closely and make a decision about stopping what's happening in this neighborhood and then joining neighborhood to us. Thank you. Thank you, Reverend. Does anybody have a question? Okay. Thank you. Following the Reverend's black and white theme, but not a Reverend myself, I'm Jessica Gies, and I'm here on behalf of Councilman Farmer, who is not available to come to this meeting today. We are in full support of knocking those hours back to 1 o'clock, at least temporarily, and then in the long term, as Ms. Lambert Warfield said, eventually hitting that revocation hearing. And I know this is odd, but I apologize to discredit the cleaning. This was handed to me just from donut days alone. I've got a bottle of Hennessy, all kinds of flyers, and all kinds of trash. Councilman Farmer actually owns a business in that block of Euclid Avenue and finds bloody rags and has to have the sidewalk pressure washed. So I just wish that you would take that into consideration. This is an ongoing problem for both council districts, and I appreciate you listening. Thank you. Thank you, Ms. Guse. Yes. Anybody have any questions? My name's Janie Fergus. I live at 308 South Hanover Avenue, which is four houses up from High Street. so we are a bit removed physically but certainly not by impact and I just want to say thank you for allowing each of us to have a chance to express how we are all impacted by this current situation. I was also very opposed to having the initial extension of the hours and things have gone downhill consistently since that change. So I'm here today to ask you please to roll it back to one and then let us remove the nightclub conditional use. I did bring some pictures with me that shows before and after. I had gotten consistently more and more concerned by the noise, the trash. My husband woke up one night with women yelling, fighting in our front yard, using language that we don't use. I don't like to hear and certainly don't like to wake up to. I've had gentlemen peeing in my front yard, and I understand others have seen that behavior also. it's not a conducive to a residential area and it's just very disturbing this morning well first I've got my pictures there I went out to take the pictures the Sunday morning I jumped out of bed because I wanted to prepare for this meeting took my pictures not realizing it was the night of the shooting, so that was interesting too, to have all of that at the same night. So can I pass these out? I made a copy for each of them. It's the first picture is an example of the property, our neighbors and around the area. Give us a second. Let us look at these while you're discussing them. Thank you. That's fine, Ms. Fergus. You can continue. Okay, thank you. The first picture is what the area for the location looks like after it's been cleaned up by the neighbors. The house is our neighbor. 310 South Hanover. And then the next one behind it is what I found that morning. I didn't know what I was going to find, but that was it. The next page is just circling around Hanover to High Street as I head towards the bar. The next, the flower pot is where the trolley poster is to tell you what time the trolley comes by. clearly piled full of trash. And then the last, or the second to the last, these little brochures are everywhere. This is what I found this morning. I thought I'd just take one more little trek. Thirsty Thursday happens evidently every Thursday night at the art bar. And the next morning, I mean, this is just like in a half a block. They're everywhere. You know, there were children and their grandfather walking down the street. It's not a conducive situation for our residential neighborhood. So thank you for listening, and thank you for careful consideration of our request. Thank you, Ms. Fergus. Any questions? Any questions? Okay. Okay, thank you. Good afternoon. My name is Peter Eckebert. I am the president of the Chevy Chase Plaza Condo Association, and with me is another board member. Foster Ackerman here is in the audience, and Foster asked me to speak, even though he has tons more experience than I have in addressing anything with zoning and planning. But in any event, what I'd like to do is to raise a couple of points for your consideration, and we are opposed to the 2.30 operation. We respectfully request that you put this bar's operation back to 1 o'clock. It's in the interest of public safety. This bar is out of control. I'd like to pass or provide to you additional signatures on a petition asking that it go to 1 o'clock and also a separate petition that you hold revocation hearings sometime in the future, however long that takes. Mr. Ayers. Okay. The other thing I'd like to point out is... Give us a second, please. Oh, I'm sorry. I'd like to pass those out for us. I just had one copy. That's the originals of those. I'm sorry. Should have made... One of them is for the 1 o'clock, and the other is for the... just a special hearing to revoke the whole conditional use. Mr. Eckbart, go ahead. In speaking in opposition to the operation of this bar past 1 o'clock, I'd just like to state I've lived in Chevy Chase Plaza for 20 years. My condo faces Euclid Avenue, faces the bar. It's like having your backyard filled with people screaming, yelling, peeling tires, obscenities, and the alleged firings of shots. My only concern is one of those alleged bullets is going to ricochet off and hit maybe one of my grandchildren and stay with me over the weekend. The other thing I'd like to point out is that the bar is truly irresponsible, and there is all kinds of trash all around. I come down, I see it on Sunday mornings and on Friday mornings. I'd like to also point out one of the lieutenant, Lieutenant Faulkner, who's on call and has that on third shift and has the central section, and is obviously the major here, or the lieutenant colonel here is one of her officers. He responded to me with a text just a couple, well, it was a week or so ago after that shooting, because I texted him to say, what in the world is going on? And his text was this. Unfortunately, he couldn't be here today. He had other obligations. But he said, I responded to the shots fired call. We identified the shooter who fired shots near the officer and almost struck them with his car. And we are obtaining warrants for wanton endangerment. He said, the entire neighborhood was out of control last night with hundreds of disorderly bar patrons leaving and loitering in the parking lot near Mr. Collar's buildings. Subjects were fighting, loudly using profanity, littering, driving recklessly in the area with loud music, and I saw several urinating near buildings and on the street. He said, we did cite two for criminal trespass in the bar, and we arrested two more for alcohol intoxication and disorderly conduct. One was another 20-year-old EKU football player. So the point is that this bar is totally out of control. One point of clarification I would ask of the board is in your conditional use, item four states that no business activity, private or public, will be conducted on Sunday. If we could just enforce that and shut it down at midnight on Saturday, that would go a long way to solving the problem. And that's already in your conditional use. That's what it says, in my opinion, after midnight on Saturday night. anything Sunday morning is contrary to this conditional use. But, you know, that's for you to interpret. I hope that's the correct interpretation. If it is, like I say, it would go a long way to stopping this. Again, we just would request that, and I'm speaking on behalf of all the residents there in Chevy Chase, and that's what's on those petitions, as well as a number of the office people who do not feel safe. If we've had, before Mr. Mack took over, and I believe he took over February the 15th, took over this bar and operation of the bar February the 15th, it wasn't a good thing, but it wasn't nearly this bad. We've had a fire in the building because the DJ from the art bar fell asleep, and the car caught fire, and we could have had serious injury if it wasn't for the immediate action of the fire department. But in any event, we ask that you stop this public safety nuisance and put them back to 1 o'clock and then hold another hearing so we can address that in the future. Thank you. Thank you, Mr. Egbert. Does anybody have any questions? Okay. Thank you. Hello, I'm Lee Thomas, president of Historic Southdale Neighborhood Association, and a member of the UK Task Force for Student Health and Safety. I'm not representing either one of those groups today, but in the spirit of both of those groups, that's why I'm here. I feel sorry for Mr. Mack from the point of view that his success as a nightclub operator has created a nuisance to the neighborhood. It's easy to say, well, from what everybody has testified to, that his success brings in crowds that Mr. Mack can't control. What's inside his walls, he can. And the fact that it's drawing so much added police interest and the caused dramatic changes in the neighborhood points to the situation that perhaps this is a bad fit. There's a dichotomy with the greater success of Mr. Mack and his club than it increases the detriment to the neighborhood. and not because of what Mr. Mack is doing within his club. But it's drawing crowds. If he's successful and can get 275 people inside his doors, how many are outside the doors? And then when they leave at 2.30 in the morning, it creates a huge nuisance. So I'll do respect to Mr. Mack. I have to support the opposition and to this particular use. Thank you, Mr. Thomas. Does anyone have any questions? Thank you. I think there's one more gentleman that would like to. Hi, I'm John Sensenig. I own John's Run Walk Shop, and I also own a shoe store, primarily women's comfort shoes across the street, 314. The parking lot that is really used is between Domino's and my store. I own two buildings there. And unfortunately, I feel much like Lee. I feel sorry for Mr. Mack having signed the lease. It seems that he's unable to control it. It's gotten much worse. I've been there 37 years, and it's always been rowdy Saturday night in Chevy Chase with Charlie Browns and Chevy Chase in and people having a good time. And, you know, I don't mind people drinking and being happy, and sometimes it'll get a little out of control. But it's gotten much worse. It really has over the years. And my poor old staff, I've got mostly women working at the Classic Shoe Store. That's their parking lot across from Domino's there. They have to go out. I don't know what the cleaning crew is doing, but it's not very much. They're picking up things, you know, I hate to say it, but condoms, you know, all sorts of things that really young ladies shouldn't have to go out and clean her parking lot. And I feel sorry. I mean, he's stuck on his lease, and if he has to stay open until real late, I feel real sorry as a business person. I understand his situation, but I think we are going to have to do something. I also live on McDowell Road, and the rowdiness doesn't get quite that far, but you can hear it. Thank you. Thank you. My name is Amy Clark, and I live at 628 Castle Road. And you should have a long sheet. We do. Was it distributed to you? Okay. What I want to speak to is the need for a revocation hearing, and I think as soon as it can fairly be scheduled. I was here in October of 2012. There was another hearing in January of 2014. Here we are again. It's an ongoing problem, and I do believe many of my neighbors have said it's accelerated. It's gotten much worse. The crowd may partly be remaining constant. When the business changes hands, perhaps that's what they're transferring or buying. you have a conditional use here and I have heard that the occupancy is not that condition is violated and I have heard that the hours certainly what happens is when there are too many to fit in the building and when the hours shut off people are still in the neighborhood and they're having an adverse impact on the neighborhood. If you look there at the overhead, you'll see, do you see the building with the eps? What you're looking at is Euclid headed off, and the large bulky building, that's the Fox TV building that Collar owns, Mr. Collar. And you can see a narrow building with an abseidel closed there. Roughly in the very center of the photograph, you see the art bar building. It's the case that this conditional use has a 100-foot distance requirement from residential zones. And it's probably 200 feet from residential zones. but it's under 150 feet from Mr. Collar's building, which has a residential use upstairs. I believe the building on the end where you can see the billboard also has a residential use upstairs. So yes, it's 100 feet away from a residential zone, but it's having a tremendous adverse impact on the neighborhood. It's important to schedule a revocation hearing so that you can get testimony on each of the conditions and whether there have been definite violations. It's my feeling that the existing conditions for this use are not sufficient to regulate the use so that it is not a harm, does not have an adverse impact on the neighborhood. And that's why I would request that a revocation hearing be held and you think about revoking the use. Thank you, Ms. Clark. Any questions for Ms. Clark? Okay. I believe that we've heard from members of the opposition. If anybody else wants to say something. If not, Mr. Mack, it's time for you to come and address the concern. Okay. So it's a lot. I'm going to sum it up pretty quick, though, as quick as I can. Starting with the trash. I think it's very fixable. Trash seems to keep coming up in everybody's opposing arguments. When I look at the pictures of the trash, we don't sell any of this. It's pizza crust and some kind of flavored beer that we don't sell that either. A lot of the trash that's in the picture is like canned beer, and we don't sell that either. Hard Mike's Lemonade, we don't sell that either. It seems like I bought my way into an unfair deal. I understand that. I'm willing to do whatever I need to do to get along with my neighborhood. If it does not work, I can look elsewhere. But even if I was to go that route, it would take time for me to do that. But it is something that I've considered over the last 30 days. But I am up against, okay, I want to start with their definition of what worse is, is it's coming off a club that was doing zero business, a club that, you know, just couldn't get a crowd in there at all. They had tried all kind of different genres and different ideas and name changes. And so the difference between me taking over and what it was, would seem drastic because it was doing zero business. So this thing is kind of going from zero to 60 pretty fast. So I want to throw that out there. Okay. So I also want to speak to the fact that there are major problems that has happened. I spoke about problems that have happened with other clubs in the neighborhood, but that particular club, I know that someone has gotten stabbed. I know that a guy's gotten his tooth knocked out. I know that trash was a problem. The owner before, Dr. Kopsik, is a friend of mine, and he told me trash was a problem 10 years ago. And then the owner that I just purchased the club from, trash was a problem then. So the first thing I wanted to do is try to nip these problems in the butt the best way I can. Now, Mr. Collier has not wanted the patrons to park in his garage ever, ever since he obtained the property. So I took it a step farther and said, well, you know what, I'm actually going to put a real stop to it. Since I've started communicating with Mr. Collier, I feel like opposition has came from every direction. an unimaginable amount of people have came up to speak against it. And I feel like I'm somewhat getting punished for reaching out and trying. I mean, because everyone else just ignored him. Oh, he threatened to toll? Okay, well, let's see if he's really going to toll the patrons when they park in his garage. He never did. I go, say, let's put a police cop there off duty, and it just kills the problem completely. And then I go out and I hire a cleaning service from day one to clean the neighborhood. All the pictures of the trash that we're seeing, and I've seen more that was mailed to me, they're picking all that up, whether it's our trash or not. It's impossible to know where the trash is coming from, but I pay him to pick it up anyway because I know that I'm operating under a conditional use permit and getting along with my neighbors is important. It was a lot, so bear with me real quick. Okay, so what it's coming down to is, at the very least, I would like my own six-month review. And like I said, I only been in there for three months. And the fire that happened in the garage, I wasn't the owner then. I wasn't, we wasn't even in negotiations of me buying the building at that point. So I had nothing to do with that. I did hear about it, and it's unfortunate, but that didn't happen under my watch. I would like my own six-month review and to be judged from that. And if it don't work out, like I said, I'm not opposed to packing up and moving. But this is a business that employs people. I'm a taxpayer. I do things the right way. I know how to get a club shut down. I'm not interested in it. And, I mean, that's basically my statement. If I need to move, I can. It would take time. I see now that the neighborhood is very upset about things that have happened in the neighborhood. but I just want y'all to hold on to the fact that it went from zero to 60 pretty fast. It was, they was going, I would ride by every Saturday. For two months, I thought about approaching this place. Too bad. I would ride by every Saturday and they'll be dead. They'll be closed at 11 o'clock. And when you close at 11 o'clock, it's because no one's coming through the door and it's just not working. When I went in the very next weekend, I had a building full of people. And I think the transition from that to what I made it into is I think that's where their frustration comes. And it makes it very easy for them to say, well, since it's taken new hands and it's under new management, that's when all the problems come. But there have been problems well before, years before. And this is coming from the previous owners that I know personally. Thank you, Mr. Mack. Does anybody have any questions for Mr. Mack? All right, you can have a seat, Mr. Egg. We're going to allow you very briefly. I just want to say I've been a resident there 20 years, like I say. Nothing like this club in the last three or four months since Mr. Mack has been managing it even approaches what it's like right now. Like I say, it's a public nuisance. Please do something. Please put this back to 1 o'clock. Giving him another six months is just going to exacerbate the problem. and that won't solve anything. Stop it now, please. I'd like a show of hands to all the residents that are here that oppose this. Can you give me a show? We've got a lot of people here, Your Honor, against this. So please take action now. Stop it, please. Thank you. Thank you. Can I? Sure. What he's saying is just not true. I know that someone got stabbed in the club. I'm there partying that night. I know that a guy got his tooth knocked out right in the front. I know that there's been all kind of Polish reports, especially during the time that it was Forte. And that was maybe about four years ago up until about two years ago. So for a span of two years while it was Forte, I know that they had similar crowds. They just didn't have someone to run it properly. But it's just not true. They've been having these problems. This is coming directly from the owner that has gotten the citations for these problems. These problems aren't new. The only thing new is I'm willing to handle them, and I'm willing to do whatever it takes to get a hold on them. And I'm trying to do that. And with the little help from the neighborhood, it can be done. Thank you, Mr. Mack. I think we've heard quite a bit of testimony from staff and the opposition and certainly the applicant as well. I'd like to ask the board if they have any questions of anybody who's came up and spoken to us. Mr. Glover? I just had a comment from listening to all of the testimony and on both sides. It appears to me that the neighborhood is concerned about the operation of this. in the last few months that Mr. Mack has owned it. We are sympathetic to the neighborhood's concerns about the operation of the bar and the consequential effects of the operation of the bar on the neighborhood. The ironic thing seems to me is that Mr. Mack is obviously an intelligent young man, knows how to run a, knows how to get big crowds into a bar. And unfortunately, as somebody said during the testimony, that success for the bar has been a problem for the neighborhood. I just want to make that comment. That seems to be the flavor of the hour here. Thanks. Thank you, Mr. Glover. Does anybody else have any other comments? Mr. Chairman, if I may, I apologize. I did realize that there was one additional letter of opposition. It's nothing that hasn't been brought up in today's hearing, but it came into my email literally minutes before the hearing, and it did not get placed with the other letters. I would like to, for the record, pass that out to the board now. And also the staff is available. Should you have any questions for us during your deliberations, we do not have any specific rebuttal comments. Okay. Thank you, Mr. Adams. Give that a minute to... I don't know. I don't know. Folks, if you would, we're going to take a five-minute recess and we'll be back. Thank you. Girl, you know it wouldn't take much Just one little bitty touch from you You could make a me feel so fine If you were so inclined to If you feel like dancing, let it show Tell me anything, but please don't say no I could get used to you Oh, God, you're so fine I could grow accustomed to Your body laid right next to mine If you would walk on my way Girl, I'd give my heart away to you Dancing all through the night Holding each other tight Darling, that's what I'd like To do it, you babe I could get used to you Oh darling, you're so fine I could grow accustomed to Your body lay right next to mine I could get used to you Oh darling, you're so fine I could grow accustomed to Your body Lay right next to mine I could get used to you Oh, darling You're so fine I could grow accustomed to Your body Lay right next to mine We'll be right back. such a long, long time you've been wheelin' deal messin' round with my mind what's it gonna take to make you understand that I got the wants and the needs of a hot-blooded all-American man Promises, promises you ain't stickin' to your word but like I said you would now what's the matter with you, baby Promises, promises what do I have to do to get through to you Promises, promises guitar solo It all turned on. You always throw the line. Promises, promises. You ain't sticking to your word like you said you would. Now what's the matter with you, baby? Promises, promises. What do I have to do to get through to you? Promises, promises. We'll be right back. What do I have to do to get through to you? Promises, promises Thank you. Underneath my pillow in the middle of my dreams Something about the way you feel makes me weak in my knees Underneath my pillow in the middle of my dreams Something about the way you feel makes me weak in my knees How can I deal? I thought we were real How can I deal? I thought we were real Thank you. I can order and ask that everyone please take your seat. Well, we have heard from the applicant, the opposition, we've heard from the staff. Obviously, there is a very serious situation, I think, here, and we've heard from a lot of the neighbors. And Mr. Mack, I know with you signing a new lease, and there were several people that mentioned that uh that unfortunately you know you have you have uh have bought the club and and signed the lease but i think that um at the end of the day there's just overwhelming um opposition to continuing the club in the manner in which it's ran um so with that with that said i'd like to ask of the board uh would like to make a motion um the board would i move based on the evidence that has been heard at the hearing today number one to change the hours of operation from 8 30 pm until 2 30 a.m wednesday through saturday to 8 30 pm until 1 a.m wednesday through saturday in condition number two and to change the hours of operation for private parties no more than 275 persons to be held from 8 30 p.m until 1 a.m monday and tuesday in condition number three also that a revocation hearing be scheduled for september board of adjustment meeting with a proper notice being issued and that another six-month review be scheduled from the date of today's hearing in the event this conditional use permit is not revoked in september 2014. thank you miss meyer is there a second i'll second mr glover seconds is there any other comment uh the chair will ask for a motion i'm sorry all in favor signify uh by saying aye aye any opposed thank you very much and it looks like the motion passes but the four conditions is set forth by by miss meyer so with that said that concludes that concludes this this request and mr mack that it's concluded so there's nothing i just have a question about appealing it is there a way to appeal it mr emmons Any action that the board takes, anyone has the right to, within 30 days, to file an appeal with circuit court. Am I correct? Is that correct, Ms. Jones? That is correct. It's in the ordinance, in our zoning ordinance about Board of Adjustment and appeals that can be taken. It's also statutory, but it's a 30-day time frame. A 30-day time frame to appeal to the Court of Appeals. So yes, sir, you do have. So when the appeal goes in, do I have to operate under the judgment that y'all made today by closing at 1 a.m., or do I operate to 2.30 while the appeal is going on? It depends on what you appeal. if you if the entire ruling that they've just made is appealed then arguably it would not apply the 1 p the 1 a.m. time frame because you're appealing that unless we took some action to enforce it during the course of the appeal okay so sir sir can we get you at the microphone just for the record to get your questions on the on the record so is it effective immediately the events that I have coming up I'm going to appeal but the events that I have coming up this weekend that I've already been promoting the hours of 10 p.m. to 2 30 do they need to be changed or can I still operate how I've been promoting it miss Jones is this is this vote effective immediately arguably it is you know an attorney that you hire for your interest can better advise you than I can but arguably this board is probably going to take the position that it is effective immediately but that doesn't preclude you from appealing the entire ruling So I'm not sure the question was answered for this weekend. So this weekend you're to close at 1 o'clock. Mr. Mack, that's the ruling from the board. As I understand what Ms. Jones says, the ruling of the board takes effect upon the vote of the board. Now, I wanted to correct one thing that the chair said, that the appeal is taken to the circuit court, not the court appeals. But the circuit court has the proper jurisdiction to review cases that we decide. Thank you, Mr. Glover. But an attorney can advise you about that. Okay. Well, like I said, 70% of my business is made after 12 o'clock. I think it's unfair. I got people that I employ. They got families that they need to feed. I do everything the right way. I'm a fair man. I don't hide. in the club business. You got a lot of people that do things the wrong way so they don't have to face situations like this. But it's my behind online. It's my money online. It's my family online. You're talking about a business that gives back to its community through the youth and single parents and registering people to vote. I do everything the right way. And I just want y'all to know that that's how I operate. I'm a fair man. I'm a family man. And I just think that it was unfair because I'm dealing with neighbors who climb my fence to take pictures of trash. Like they're risking bodily harm to get a picture to send to you guys. And then you got the Domino's guy on TV saying that he got to shut his business down early when it's exact opposite of that. He closes at midnight and reopens at 2 a.m. just to resell pizza to my patrons that he is scared of. It's unfair. Mr. Mack, I need to stop you there. I appreciate your comments, and I would like to make one comment from the chair, and that is that this is a volunteer body, the Board of Adjustment, and sometimes we have some very, very difficult decisions, and what we do is we listen to the applicant, we listen to the opposition, we listen to the staff and their recommendations and our legal counsel and so forth. And some of these decisions, Mr. Mack, are very, very difficult. But when you have the overwhelming opposition that you have from the neighborhood, and certainly you've heard that today, and you've even mentioned yourself that you've even thought about possibly moving the club yourself. So I think that this body, this board of adjustment here, acted upon the best entrance of the neighborhood. So we wish you nothing but the very best. And as Mr. Glover and Ms. Jones pointed out, you know, you can appeal this to the circuit court if, in fact, that's what you want to do. But our decision is final, and we'd like to go ahead and move on. Is there anything that could be done that would say this won't go into effect until a certain period of time to give me time to finish the promotions that I have going on for this prior weekend? No, sir. There's not. I believe the next case is the La Cueva Bar and Grill. Is the applicant here? Would you please step forward and state your name for the record? Hi, my name is Angela Marquez-Roses, and this is Fernando Queroz. Okay, thank you. The staff has recommended disapproval, and at this time I'd like to hear from Mr. Emmons before we begin, and we'll let you have an opportunity to respond. Thank you, Mr. Chairman, members of the board. Before I begin this one, the staff did receive just today, or yesterday actually, a letter of opposition. I want to pass that out to the board. Thank you. C 2014-52 La Cueva Bar and Grill LLC. This is a conditional use permit request to establish a restaurant, bar, and grill with live entertainment and dancing in a B1 zone, which is our neighborhood business zone, at 1765 Alexandria Drive. This property is currently zoned B1. It's part of the I have drawn a blank on the name of the shopping center. I apologize. The Garden Side Shopping Center. It's located on the west side of Alexandria Drive. Part of this shopping center is bound on one end by a post office. It's bound on the other end by a bank. The, this particular suite is located in approximately the middle of the subject, of the subject property. The, the, the question about whether a restaurant is allowed here is not that the restaurant itself is an allowed use. The, it's the live entertainment and dancing that is a, a conditional use that is before you today. La Cueva Restaurant, this particular site has been applied for live entertainment and dancing at least four times in the past. The staff report does go into a history of that. There were two applications in 2003, not necessarily for this unit, but next door units for live entertainment and dancing. In that particular case, both of those cases were recommended for disapproval by the staff, and they were consequently withdrawn by the applicant before the board had a chance to act on it. In 2007, there was a case that was also asking for live entertainment and dancing on the subject property in this suite. That was recommended for disapproval, and it was consequently disapproved by the board. And in 2013, the most recent application was also for live entertainment and dancing at this location. The staff, once again, recommended disapproval of that use, and that case was withdrawn before the board had had a chance to act on it. Part of the reason why the staff has consistently recommended disapproval of this property is how closely related the property is situated to the residential neighbors located off of Traveler Road. The back of the building of this shopping center is a mere 30 feet from the back of the building to the back yards of the neighboring residential properties. If we can pull up the aerial photograph, this is from Google Maps, and it shows the shopping center to orient the commission. We have Alexandria Drive. We're looking north. The subject property is located about here, and you can see the only thing that separates the back of the building is the service area. There is dense vegetation along the backs of most of these properties. I do have some photos from my iPod that I can show you if the need be, if we need to go through those. However, there were some technical difficulties on printing them out for today's hearing. So if we need them, we can show them. But otherwise, there is dense vegetation, and it's about 30 feet away. There have been – oh, thank you. There have been two changes to our regulations since these previous cases came forward. The first one of those is that the live entertainment and dancing, the hours of operation have been increased for the hours that you can sell alcohol at establishments. And that's primarily the case that you just heard. And that was an urban county council action that allowed that. So that could make these uses a little more intense. At the same time, the zoning ordinance now no longer requires a 100-foot distance as it did in the past for these. We used the, it used to be that if an applicant wanted live entertainment and dancing at this location, they had to ask for a two-pronged approach. They had to ask for the conditional use and justify a variance to the 100-foot distance from 100 feet to 30 feet. And in the past, we have always recommended disapproval of that variance. Now the regulations use that 100-foot distance. It's not a requirement, but it's a test to whether that live entertainment and dancing can be accessory to the restaurant or whether it needs to be a conditional use that comes before the board today to look at. And from the staff's perspective, the physical changes on this property are the same as they were in 2003. They're the same as they were in 2007 and in 2013. This property is still just as close. And for the same reasons that we recommended disapproval of that variance, because the live entertainment could become a potential nuisance to the neighboring properties, we are recommending disapproval of this conditional use. Our staff report and also on the agenda lists two reasons for recommending disapproval. The first one would be that granting the requested conditional use would have a significant potential to adversely impact the established properties that are as close as 30 feet away from the rear wall of this building. and that the proposed late hours of operation, combined with the change in character of the existing use from a restaurant to more of a nightclub-esque on weeks and weekends, would have a significant potential to disrupt the neighborhood. Therefore, we feel that this conditional use request is inappropriate at this location. That concludes the prepared staff remarks. Of course, we will be available throughout your hearing to answer any questions. Anyone have any questions for Mr. Emmons? Well, I've got a question, Mr. Emmons. If we disapprove this application, as the staff has recommended, where would this applicant go in the city to open such a location? I mean, that's always the next question from the applicant. I just wanted to ask it in advance. For a restaurant, not a nightclub, but a restaurant with live entertainment and dancing, if the location is more than 100 feet away from a residential zone, they are allowed as an accessory use and principal permitted use to go in the B1 zone. So there are places within Fayette County where you have shopping centers that the interior units are more than 100 feet away from the surrounding residential zones. Also, the live entertainment and dancing, that's also allowed in the B3 zone as a principal permitted use. So there are additional locations. So on one hand, there is a greater acceptance of accessory live entertainment. You know, we've made it easier to ask for it without having to ask for the variance. But at the same time, there's also a recognition that those uses can become more potential nuisances whenever they're near residential properties. Thank you, Mr. I'm trying to talk about Sun and My South, but both of those things are taken into account. So your principal objection of the staff is that this is closer than 100 feet to a residential area. I mean, it isn't a shopping center. It is in the middle of a shopping center like you described. It's just too close to residents. For at this location, within the 30 feet and the fact that they would have very late hours makes it inappropriate for this application at this location. Thank you. Thank you, Mr. Emens. We'd like to go ahead and hear from the applicant. Okay. We have, if we're approved, what we have planned to do is put an additional five-inch of soundproofing in the building. It is like an installation that comes up with rubber, turns into rubber, a part of that, a three-quarter-inch steel laminate soundbarian wall. Also on top of that, another three-quarter inch drywall that will go inside. We do serve food there, and we will be serving food there until after closing, after 2.30, which is the bar, you know, alcohol cutoff. We will be hiring security. we will be assuring that in the back of the building that none of the customers go out back only if there is an emergency due to the fact that there is three emergency doors located in the back of the building between the two buildings and the residentials there is a wooden fence and also a wire fence which that would stop the customers going into the residential's backyards and we are you know we don't know how are much customers we're going to have at the beginning but we can assure that there will be a soundproof barrier wall putting in as the same as our neighbors have which is a they have a DJ and that's what we were trying to do is to open a bar for the Hispanic community and American community that would like to enter because it is going to be a Mexican restaurant and bar and grill. And I have seen other places that is located less than 30 feet from a residential area. They have live music, food, dancing until 2 30 in the morning. And that is here in Lexington. I don't know what zone it is located in, but I do know that there is one bar that is less than 30 feet also that is located, and they do have the dance permit, live music, and all we're asking for is a chance to prove that we can make this work. And if we are approved, give us a six-month review. See how our complaints are coming out. But if we have any complaints, have any accidents in there, give us a chance. We can make this work if we are approved. Thank you. Anyone have any questions? All right. You can have a seat. If there's anyone who has taken the oath that would like to speak in opposition, it's your time to come forward. My name is Richard Domek. I live at 1725 Traveler Road. And I do have a petition here signed by many of my neighbors, which I'd like to distribute at this time, if that's appropriate. Can I hand that over to Mr. Emmons? Thank you. 1765 Alexandria Drive location, which to wish to register opposition to the application by La Cueva for a conditional use permit for the property at that location. With the purpose, dance permit with live entertainment at a restaurant, bar and grill. We feel that activities allowed by such a permit for this location, bordering our quiet residential neighborhood, threaten the peace and quiet of our surroundings, especially during evening hours. The likelihood of objectionable noise coming from within and near the premises is especially high for homes on the east side of the 1700 block of Traveler, some of whose backyards, as has been mentioned, are within 30 feet of the rear door of the property, and whose rear entrances to these homes are within 100 feet of the property. Some of the residents closest to this property are elderly and would be especially affected by undue noise and disruption. We certainly don't question the best intentions of those appealing, but we're further concerned about the potential for disruptive conduct in the parking lot in front of the structure as well as in the alleyway behind it during the late evening and early morning hours. We're concerned that activities allowed by granting such a permit for an establishment that includes a bar with alcoholic beverage service by the drink would attract late night crowds and perhaps inappropriate behavior in or near the property. Despite the best intentions of business owners, situations beyond the control of the owners, including violent conduct, can be and at times are generated by patrons and others attracted to establishments that offer nighttime activity, such as proposed by the requested permit. One need only think of very recent and tragic events within Lexington that validates this unfortunate proposal. In fact, a year ago, just down the shopping center, there was a shooting which I believe, if I'm correct, resulted in a fatality. So, again, while not questioning the intentions of the people who are appealing, we, people in the neighborhood, for the reasons above, we request respectfully but strongly that the application for this permit be denied by the Board of Adjustment. Thank you, Mr. Dillman. Does anyone have any questions? I would. I'm kind of curious if your objection is to the potential noise, for example. The applicant has said that they can soundproof their building. Wouldn't that satisfy you? Well, I think noise is one factor that people are concerned about, at least the potential for noise. And I don't know if there can be any kind of demonstration that the proposed sorts of sound abatement that have been mentioned would actually do the job. I mean, I think that always seems to be an open question when somebody is trying to provide a sound secure environment. Sound is an omnidirectional thing. Doors open and closed. This is a residential neighborhood. I think the potential is there for some noise. But beyond that, I think it's the prospect, the possibility of having behavior of patrons of this place or people who possibly are not even patrons but are attracted to the location because it's going to be something like a nightclub, live music, dancing at a place that serves alcohol by the drink late at night. this is, we don't feel conducive to preserving the type of neighborhood the peace and quiet that we enjoy currently so I think to answer your question more directly I think we're concerned about both issues and the sound is certainly one of them despite the plans that have been made for sound proofing I have a question can you hear the Camelot East or Camelot West sometimes I will say also that we have had people come through some of our properties at night. Now, it was mentioned that there's a fence between the property side of the alley and the shopping center side. That's true. People come over the fence. Some of those people, actually, some of the neighbors have gates in their fences. And for one reason, one way or another, people have come through between houses, even over onto our side of the street sometimes at night. So this is the kind of thing that we don't wish to see more of, if possible. Thank you. Any other questions? Thank you. Thank you, Ms. Dillon. Ma'am, if you would come forward, please, and state your name for the record. Good afternoon. I'm Peggy Henson, the council representative for the 11th district where this establishment would be located. And I know I wanted to offer my support for the recommendations made by our staff, our planning staff. And I think that, you know, this process is put in place for a reason. This is an area that is very family oriented. They do have to deal with the Camelot West. And it's been there for a number of years, long before our zoning ordinance went into place. If the neighborhood doesn't like it, but it's there. And I know that they, along with myself, I agree with them, do not want any other establishment that has live entertainment and alcohol. There's been a murder in the parking lot. There's, you know, crime in the area. We are trying our very best to maintain that character, and I would just appreciate your going along with the recommendations of our staff. Thank you. Thank you, Ms. Henson. Does anyone have any questions? I just, this is related to this case, and it's related to the case that we just heard. And were you here for that, Ms. Henson? Were you here? Yes, ma'am. I would like to go on record as saying that it might be a good time for the council to revisit the hours that these establishments are allowed to be open. And I'd like to go on record as recommending that the council revisit that. Okay. We will do that. Any other questions from Mr. With the help of the police department, I believe they could offer us some insight. Okay. Thank you. Thank you. Anybody else wants to speak at opposition? And then we're going to give you a chance to respond. Good afternoon. My name is Susan Griffin, and my backyard is one of the yards that is 30 feet away from the back door of this establishment, and about 35 or 40 feet away from the back door of the Camelot, east, west. I think it's west. I'm awakened at all hours of the night by people in the alley, presumably from the Camelot establishment. I've tried to talk to the managers at Camelot by phone. It stops for a day or two, and then it starts again, until I had to actually call the police department, which I didn't want to do. And they send an alley through the cruiser and it stops for a while. I am not only advocating for myself, but I'm advocating for my elderly neighbors on either side of me who are in their 80s. Mr. Domek is correct when he tells you that there are people running through our yards at night from the alley. Who knows what goes on in the alley? There is lush vegetation in the back in the summertime, so you can't see back there. And we have a privacy fence, a high privacy fence. My neighbors on either side don't. But they're elderly ladies and they're widows. and with those two, I know of three other elderly ladies who are widows who live on the alley side of Traveler Road who have signed the petition and they're very, very concerned about another nightclub being in the area. Mr. Domek told you there was a shooting, a murder in the, or Ms. Henson, I think, said there was a murder in the parking lot relating to the Camelot establishment, and that's true. There's a murder across the street that has nothing to do with the Camelot or any nightclub. But the tenor of the neighborhood is just really deteriorating because of empty storefronts. I'm tickled to see a Mexican restaurant go into one of those empty storefronts because I think that's when the neighborhood really goes down is when you have empty storefronts and things like that. However, having said that, we're having some younger people come into the neighborhood. It's not just old fogies and people my age and in their 80s and so forth, but we're having some younger families with young children come into the neighborhood. and I assume, I don't have children of my own, but I assume that when you are looking at a neighborhood to move into with young children, not only are you going to consider price of your property and the school district, but you're also going to look at the crime reports for that neighborhood. We would like to see the trend of younger families buying property and coming into the neighborhood and keeping the neighborhood vibrant. We would like to see that trend continue. And I just feel like live entertainment would bring – well, you heard the prior case where the fellas said before they had live entertainment, nobody came. Well, now they have live entertainment and everybody all over town is coming. And I'm afraid that's what's going to happen. I mean, I want these people to be successful and to stay there because there have been several businesses there that haven't been successful. And I would love to see them stay there and be successful and have a restaurant, but not a nightclub. And so for those reasons, I would ask you all not to approve their appeal. it's a lot of entertainment thank you miss griffin does anyone have any questions okay anyone else in opposition it's your opportunity to come back and i understand their concerns i have family i know there is a lot of families back there but i can assure you that we will We'll take the security and part of our business to make sure that they will not be disturbed. The back doors, like I said, there's three emergency back doors on the back of the business. Those doors will not be opened only unless it is an emergency. Other than that, the doors will be guarded by security guards, and we will do everything possible. Like I said, we're willing to put in soundproofing. Soundproofing is not cheap. It is really expensive to do it. And we're willing to go this route in order to keep all the noise from going out and disturbing the people at nighttime due to the music. and if we're willing to you know if you put conditions on us we will abide by those conditions we're just trying to open up a restaurant bar and grill and be successful i understand thank you very much any questions for the africa okay i have a question for staff mr gregs in the b1 zone in this location are they allowed by right to open a restaurant a bar and grill it's just the live entertainment and dancing that's really before us is that not true You are correct. So they could open a restaurant there with liquor sales till 2.30 in the morning without asking us for permission? Yes, that is correct. Thank you. Anybody else have any other comments or questions? I'm sure you're familiar that some of these issues have been for this board several times over the last few years, and the board has been very consistent in their ruling. And obviously a couple of the requests were actually withdrawn. We certainly, you know, want you to strive in your restaurant. And obviously, as Ms. Griffith said, you know, empty storefronts are not good. They're not good for business. But I can't speak for the board, but just from a standpoint of being consistent and having denied this request before, I don't see how this board can go back and approve. I think the neighbors have a very valid point, and staff is also, you know, having the location as close as 30 feet from the rear wall of the building, and I appreciate everything that you want to do for sound, and I know that that is going to be an expense. But from my standpoint, having been on the board during these times and having have disapproved it in the past, this is something I don't think that I could support. But with that said, we've heard from the applicant, we've heard from the opposition, and if there's no other questions, the chair will entertain a motion. Mr. Chair, I'll move that we disapprove C-2014-52 La Cueva Bar and Grill's appeal for a conditional use permit to establish a restaurant bar and grill with live entertainment and dancing in a neighborhood business zone at 1765 Alexandria Drive based on the staff's recommendations. Thank you, Mr. Griggs. Is there a second? Second. second all in favor signify by saying aye any opposed sorry but your request has not been approved but we wish you the very best of none in the building and with the restaurant thank you I believe our last item of the day is Antonio or a quest Perez and I probably did not enunciate that very well Thank you all for being very patient back there. Would you please come forward and state your name for the record? Hi, good afternoon. My name is Antonio Borges and I'm here today with my landlord and I want to tell everybody if you have any questions, can you ask him? because he know all the projects I want to do on his property and he know the reason is not approved. I like if you want to ask him any questions. Very good. Well, thank you because staff has recommended this approval and you all have seen that. Mr. Emmons? Mr. Emmons? Mr. Emmons? Thank you. We'd like to go ahead and hear from the staff, and then we'll have a chance to respond. Yes, sir. This is an administrative appeal, A-2014-51. The administrative appeal is really of the Division of Planning's interpretation. It's a two-part appeal, and it's the interpretation of the zoning ordinance. First, the first part of the appeal is that when the applicants came in to request a zoning compliance permit, they described a use where they would have space that was available to rent to private parties. This was not a restaurant. This was not a nightclub or a bar club, but simply a space to rent to private parties. The staff interpreted that that use would be, is a defined use in our zoning ordinance, and that is defined as a banquet facility. The second part of that, of the appeal, is that the staff also determined that the banquet facility as a listed use is not a listed use that is permitted in the B3 zone. It is a use that is listed and permitted in the B1 zones and consequently the B6P. Mr. Emmons, can I interrupt you for just a second? On the case report that we got, it says the subject property is B1 zoned. Is that just a error? The subject property is zone B3. Okay, so this is wrong? The staff report I'm looking at says B3, and I apologize if... Mine says B1. I'm sorry. Maybe it was. Antonio Borquez Perez. Yes. I will confirm that the property is zoned B3. The shopping center itself does have, the shopping center inside Oxford Circle does have some B1 zoning. But the building, there's a little, the hole in the donut, if you will, is zoned B3 right in the center of the shopping center. The building that they are asking for is zone B3. So I apologize for any confusion. I will bring, I can give you my staff report on this one if you need. Thank you. I now see the error in the staff report, and I would like to apologize and correct that. In the listing of the subject property in the table of the uses, it does say B1. and I apologize for that mistake. It is, the property is zone B3 and it states that in the title block and in the body of the report. Please accept my apology. I just want to make sure I was reading it right and I wasn't misunderstanding. I was just mis... The misprint is on my part and I apologize for that. I'm sorry. I didn't see where you were looking. Okay. So the property is zoned B3 The staff has determined that the proposed use of a place to rent for parties qualifies under the definition of a banquet facility, and also that a banquet facility, when you go down the list of principal permitted uses, it is not a principal permitted use or an accessory use or a conditional use in the B3 zone. The banquet facility, as a defined term, is allowed in the B1 zone, which then carries forward also into the B6P zone. The applicant, part of their appeal would be is that, as with all parts of the zoning ordinance, under the uses that are listed, it also has the language. Other uses substantially similar to those listed herein shall be deemed as permitted. And that's really the crux of the use of the appeal that's before you today. Does the language in the B3 zone that allows other substantially similar uses give you the authority to allow this use, even though this use is defined and listed in other zones? Part of the history on how we have a definition of a banquet facility, it's not a use that has been defined in our zoning ordinance forever. The first time that this definition was added to the zoning ordinance was in 2007. And that really was in association with the White Hall on 3rd Street, which was a funeral home that became a banquet facility. In all honesty, the 2007 definition of a banquet facility that was submitted by a private applicant, it was defined so narrowly that there were very few properties in all of Fayette County that could actually qualify as a banquet facility. even though that there were other places that wanted to do this use. Recognizing that in 2012, another private applicant who had a property that was on B1 had asked for an expansion of that definition. And that was ultimately the expansion of the definition of what a banquet facility is was ultimately approved by the Planning Commission and the Urban County Council. And that is the definition that's listed in your staff report today. The staff is recommending disapproval of this use because, one, the first part of the administrative appeal that's before you, The proposed use of a place to rent out for private parties, the staff sees no way that that does not qualify under our definition of a banquet facility. A banquet facility is a building made available to the public for holding of meetings and social events. That's a place to rent for private parties. The second part of the appeal, when it comes down to the other uses substantially similar, the staff does recognize that there are some uses that have similar impacts, nightclubs, restaurants with live entertainment, cocktail lounges. However, we did not feel like that we could approve this use or recommend approval to you today because when we specifically define a use and we specifically say which zones those uses are allowed in, that kind of takes away our ability to kind of make the judgment call of it's substantially similar to these other uses. That's the crux of why the staff is recommending disapproval of this request to you today. We do feel like that if this use should be allowed in the B-3 zone, that it would be more appropriate for the applicants to either seek a zone change for this particular property from B-3 to B-1, at which point it would be a principal permitted use, or for the applicants to also file a zoning ordinance text amendment and have the use of banquet facilities added to the listed allowable uses in the B3 zone. If there are any other... So as you go into this, there's kind of the two questions. Did we make the right decision on saying it was a banquet facility? Did we make the right decision on saying no in the B3 zone? If you have any questions for me, I'll be happy to answer them, but that essentially is our staff comments. Thank you, Mr. Emmons. Anyone have any questions? Jimmy, this property is surrounded by B1, so we're really just talking about the technicalities of the zoning ordinance. It wouldn't, in your opinion, cause any harm to have this facility operating in this location? In this location, no. If this property were zoned B1, it would be a principal permitted use. However, as an interpretation of the zoning ordinance, the decision that's made today, if you decide that this use is substantially similar and should be allowed in the B-3 zone, we would take that interpretation and apply it consistently with other applications. It might be a bad precedent, you're saying. It might be. That's up to the board to decide today. The staff is recommending disapproval. Any other questions from Mr. Emmons? Mr. Emmons, I have a question that may be kind of related, but I couldn't tell from the listing on top where the other properties, the B1 properties were located that are adjacent to this property. I can put on the overhead the notice map, which also has the zone lines. Sure, that would be helpful. So that you can see that. And the reason I'm asking the question is I looked at 8-20 and 8-16 when I was looking at this application, and I don't know why there is a difference between, and maybe because of my inexperience, but I don't know why there's a difference between a B1 and a B3. Is there a philosophical difference between a B1 and a B3 zone? Some of our zones, as you go through the zoning hierarchy, are nested. So that what you can do in an R1A, you can do in an R2, you can do in an R3. So the single family home carries forward through the R2 zoning, through the R3 zoning, through the R4 zoning. However, there are points where we cut off the zones into kind of those categories. The B1 zone is essentially cut off from the B3 zone. The B3 zone doesn't start off with everything that you can do in a B1. The reason for that is that there were intended to be different zones for different purposes. The highway service business zone is essentially our most intense retail zoning that we have. It's the zone that we have that bars and nightclubs are principal permitted uses because generally a B3 zone, if you think about where they're located in this community, are generally along our highway, it's called the highway commercial business zone, and they're generally located along major arterials. They're usually buffered in some manner from surrounding residential properties, whereas the B1 zones, the neighborhood business zones, are usually more integrated. They're closer to the neighborhoods. You might have a little less buffering and less concern about that. So from that, it sounds like you wouldn't want the B3 uses to bleed over into the B1s, not the other way around. That's true. But the way our zoning ordinance was written essentially back in the 1970s, they determined to cut that off and not carry forward everything from the B1 into the B3, but to make them separate zones for separate purposes. I think my concern is that it sounds, I know it sounds arbitrary because it was meant to be arbitrary, but I don't want it to be determined by some court somewhere that our decision is arbitrary. And I understand that the technical, under the technical interpretation of the zoning ordinance, your analysis is correct. But it's not only technical, but it's pretty arbitrary as well. So I don't want us to make a legally unsupportable argument beyond the technical aspect of it. I mean, I just, I want us to be right, to make the right decision. I understand. Okay. Thanks. Thank you, Mr. Evans. Oh, I forgot that we do have the zoning map up. The subject property is located in the center of the screen. It is a small, a small lot in the middle of the shopping center that's bounded by Oxford Circles and Versailles Road. There is also a major drainage way that goes through here that's indicated by the blue and open space floodplain area. There are two properties that are zone B3. It's this property and the subject property. The rest of the Oxford Circle is zone B1. And, of course, my question would be, why is that? And it's the kind of question that a circuit judge would ask of somebody reviewing our decision. Why was that B3 zone there in the middle of that shopping center in the first place? That looks arbitrary to me. From my recollection of looking at that in the past and reading minutes, I believe that what was proposed there a long time ago was a car sales. And automobile sales is not a use that's allowed in a B1 zone. And so they asked for and received a B3 zoning to allow the vehicular sales. So as I understand your explanation, the proper course or the better course of action for this applicant would be to get some kind of spot zoning change. Spot zoning is probably a bad term. Some kind of zoning alteration to make the zone fit the rest of the area. Is that what you're saying? That would be one avenue available to the applicant and the property owners. Of course, with any zone change, it's a public hearing, and you just don't know what the outcome would be. There would be obviously some uses that are currently allowed in the B3 zone that would be lost if it went back to a B1. Okay. Good. Thank you. Any other questions? I think we're good. The applicant can come back up and respond. My name is John Campbell. I'm the property owner. I'm also president of the Cardinal Valley Owners Association, the people, the little business group here that owns the buildings. I'm hoping that this is just a language problem. I mean, because the way it's worded, to me, it seems like it's very confusing. but what we're trying to do basically is avoid what you all have just dealt with for the last two hours or so that we've been sitting here i mean i could rent this thing out to the people that just got denied and i mean in the b3 zoning they can have live entertainment and they can have live entertainment alcohol everything that b3 has but i don't want to go through that. I mean, I've had a nightclub in that place and it just, I mean, this is so much, I mean, it's like a kindergarten versus high school or something. It, uh, what they're wanting to do is have like birthday parties for the Hispanic communities. And it's in a high concentration of Hispanic families. And, you know, they're not, we're not going to be talking about guns and You can put any kind of limitations you want on it, review this in three months, six months. You're not going to have any problems. I mean, I already rent a building, half this building that we're talking about. They already, they've been renting from me for about two years, and they also rent a place where they live in a storage area also. Never had problem one. and what they're trying to do is something that would be very desirable for this area, would get rid of an empty storefront. It, I mean, nobody's in opposition opposing it. It's just a win-win all the way around, and it's basically a matter of the description, the wording, I mean, it's sort of confusing everything. And this, I mean, I'll take any kind of questions that you might add. Anybody have any questions for Mr. Campbell? Well, I'm kind of sympathetic to your point of view here. My problem is that I don't want to make a decision that is in violation of the zoning. And so, I mean, that's the argument on the other side. So if we decide that this is a harmless administrative appeal and that we grant it and we're in opposition to the – or we've granted something that's just opposing the zoning of this, even though I think this zoning makes no sense to me. It really does. So that's where my dilemma is, and I don't know what the appropriate solution is. I don't know whether your application or the application can be tweaked to make it fit within the zone or whether the best course of action is to ask for, you know, relief somewhere else. But I'm torn. I'm not sure what the appropriate solution is. I don't want to be involved in something that's precedent setting that has bad effects across the community, but I'm assuming you've looked at all the principal permitted uses in the B-3 and there's nothing there that you could change the definition slightly of what they're trying to do and let it squeeze into a permitted use. Yeah, that's a problem here is they went down without my help the first time to apply for this. And, you know, if we had worded this differently, like, you know, their store next door to this empty space, and it's got a common wall with doors in it, But if we, if their shop now is just overflowing at the gills, you know, with all the wares they have to sell. And this party business, Banquet Hall, I mean, they're going to be using this also, you know. A party is not, it's mainly on the weekends and birthday, but it's going to be vacant a lot of the time. So they could use the space for additional storage space when it's not in part of use. And, I mean, I would have worded it like that. Or maybe it could be a sale that's open by invitation. Something like that, yeah. So it might just be that you need to, and I don't know if we could continue this while you work out some details, or maybe because the application is worded to have a banquet hall. Well, that's what we were told that, you know, since we had already specified its use, that we really couldn't go back. Well, you might have to just start over from scratch and see if you can find some use that would fit the B3 zone. Can you help me in there? So, Jimmy, I guess what, too, we're asking is if we deny this administrative appeal, do they have to wait a year before they can appeal it again? Or is there a way that, as Mr. Gregg said, that this can be continued and possibly change the application? Okay, multi-part question. I'm going to answer the easiest and first one first. If the board wants to continue this hearing to next month, you certainly can. As far as the use question about finding uses that are similar, my caution on that is that, you know, if it's a duck, I want to call it a duck. You know, I don't want to, that's part of the conversation that we had with them, that if there were a restaurant with live entertainment and, you know, restaurants will oftentimes have private rooms that can be rented out, but it's not the entire use on that. If you think about a restaurant that has maybe a room, that's clearly incidental and accessory to the use. In this particular case, the staff did not see the restaurant was being proposed or any other types of uses that would qualify as anything other than what is defined as a banquet facility. And that's the reason why we made the decisions that we did. we gave and in our staff report you can see part of the reason why we talked about the history of how we got to having a definition of banquet facility anyway it's not been a comprehensive text amendment at any time it's been individuals with their project in mind that applied for those changes to the zoning ordinance which is how we got to where we are today certainly if the board decides that the use that they are proposing is substantially similar to another use that's a principal permitted use in the B3 zone, that's the decision that's before you today. The staff did not believe so. Thank you, Mr. Emmons. Excuse me, I'm just getting over a cold. If we did, could ask for a delay for 30 days and possibly Antonio could maybe, you know, come up with a different plan like you were using a restaurant with a breakout room. if he came up with like he could use some space for his present shop if he put put a wall up there and then use some of that space for what he's got now which is a zoned b3 you know fits into that zoning and could he have like another area where you know we could have like a breakout room i mean And, you know, it would be in addition to the rabbit, his hotel sales store, and also in conjunction. I mean, which he could very easily use because he needs the extra space. The staff would definitely be willing to talk to the applicant about if they're proposing to change their proposal. The just the my worry is always to be on the up and up about what you're proposing to do, because approving things, you know, with a wink and a nod leads to future zoning enforcement problems. I think I think I may have a better solution after after hearing the evidence. Well, after hearing the evidence and after consulting with legal counsel, I believe, and I think that was part of my earlier concern, I believe that this particular area, this particular location, is surrounded by, it's a B3 property surrounded by B1 zone properties. That makes it unique, in my opinion. I don't know of any other place in town that's a B3 property surrounded by B1 properties. There may be, but if there are, I'm not aware of them today. And so I think that we could possibly approve this appeal based upon that uniqueness by the fact that it is a unique property situation that's surrounded by other properties that zoned differently. Does that make it unique enough? Mr. Emmons? That is the board's findings. You know, we're here to serve you. Sounds like that would be our decision, Mr. Glover. It sounds like it might be our decision. And I can make a motion. I've got a question. Talking about revisiting his business plan, so ideally if he were to do that, he would withdraw this appeal and then have a new application? Is that what would be a clean way to do it maybe? Strategically, not knowing what the applicant may propose. Strategically, it would be better to continue this until next month. rather than withdraw it at this point and if if that became a then if that became if if it became clear that it was being withdrawn it could be withdrawn even by letter prior to your next hearing if that worked out thank you mr. Campbell yes could I call Councilwoman Henson she's that's her area and she's I think you live just right around the corner from there. So, I mean, you know the area real well. I'm not sure if you could satisfy or help these people or not. I just wanted to add a couple things, but I know that back in the day this property was a car dealership. So that may explain the unusual zone change. But I just want to make you aware that this area is in the process of going through a small area plan. So they will, in a small area plan, be looking at land uses. So some of this may be cleared up during that time. So I totally agree that this is an appropriate use for Antonio. but it's unfortunate that it's zone B3. And I think Jim Marks has been wanting to say something, and I thought I would bring him. Thank you very much. I think the context under which the text amendment was passed a while ago, which resulted in the definition of a banquet facility, is real important here. That text amendment was focused on the B1 zone, and Jimmy mentioned this a little bit. there was no comprehensive review of all the zones to determine which zones should or should not have a banquet facility as it got defined. So I wouldn't call it an oversight, but it just wasn't focused on looking at other zones like B3 and making a conscious weighed out decision about, well, should a banquet facility be allowed in B3? It wasn't on the radar screen. So I think you do have a lot of latitude here to address that. Thank you, Mr. Marks. Mr. Glover? Well, thanks for all the comments. I would like to propose a motion. Please do. I think we're ready. Okay. I would like to move that we approve A. 2014-51 Antonio Borges-Perez administrative appeal to the Division of Planning's interpretation that the requested use. Here's my motion. I move that we disapprove the first portion of applicant's appeal, that the proposed use does not meet the definition of a banquet facility, agreeing with the staff definition, staff recommendation for disapproval, adopting finally finding B only from the staff report and agenda. And that we approve the second portion of the applicant's appeal, finding that a banquet facility is substantially similar to other permitted, principal permitted uses in the B3 zone at this location, which is a piece of property surrounded by B1 properties. primarily a restaurant with live entertainment, nightclub, cocktail lounge, which is found in Article 8.20 B-3, and hereby authorize a division of planning to issue a zoning compliance permit for the use of a banquet facility in the B-3 zone at this location, and this location being the one surrounded by the B-1 properties. Thank you, Mr. Glover. Is there a second? Second. There's a second. I'm not going to be able to relay back Mr. Glover's motion, but in effect it would allow the banquet facility. We've got a motion. We've got a second. All in favor signify by saying aye. Aye. Any opposed? The administrative appeal is approved as stated by the motion that was made by Mr. Glover. So, Mr. Campbell, I believe, Mr. Evans, that that banquet facility will be allowed. Thank you all very much. Thank you. Good luck. Chair would like to ask if there's any other items any other board members would like to address? Staff? Just a reminder that the next meeting date, Mr. Glover, is going to be August 22nd. it's a week early because of Labor Day weekend. Ms. Rackers? I was just going to say I would like to echo your welcome to Ms. Whitman to the Board of Adjustment. It's good to have you back. Thank you very much. Well, if there's no other business, we'd like to thank the staff and thank the board for their due diligence and time. And we stand adjourned. Thank you.