Agenda Item Summary Sheet
Item No: 16
Meeting Date: July 11, 2007
Item Title: Clarification of June 20, 2007 Second Reading of amendment to Town Code Zoning Ordinance Section 48-407 concerning Restaurant with detached single family dwelling
Second Reading - Public Hearing held June 6, 2007
Public Hearing to consider a zoning ordinance text amendment to section 48-407 to establish a new conditional use in the C-2 general commercial district-Restaurant with detached single family dwelling
Item Summary:
At the June 20, 2007 Board of Commissioners meeting during a Second Reading, the Board passed a motion to adopt the Zoning Ordinance amendment concerning restaurants with detached single family dwellings. The motion passed 3 - 1 with Mayor Pro Tem Sadler casting the NO vote (Comr. Oakes was absent.). This agenda item is provided to clarify the actual ordinance adopted - with or without paragraph "G" which requires the dwelling to be owner-occupied.
Backup previously provided is attached.
At the June 6, 2007 Board of Commissioners meeting, the Board voted 3 - 2 to adopt the ordinance concerning detached single family dwellings, with the deletion of item "G" which requires the dwelling to be owner-occupied with Mayor Pro Tem Sadler and Comr. Gray casting the NO votes.
Mr. Constantine “Gus” Zinovis owner of Mulligan’s Restaurant has submitted a zoning text amendment to allow a detached single family dwelling on a restaurant site. The proposed ordinance would allow a single family dwelling on a restaurant site only in the side and rear yards meeting a minimum five foot setback from both the side and rear property lines. It would not be allowed in the front yard. The proposed ordinance would also exempt the dwelling from Sections 48-123, Nonconforming structures with conforming use and section 48-370 Residential Design Standards. The single family dwelling would have to be owner occupied and would only apply to buildings constructed on or before January 1, 1967. As a conditional use, any potential fire and life safety concerns would be addressed prior to approval of a site plan.
The Planning Board voted 3 to 1 to recommend approval of this zoning ordinance text amendment at its April 17, 2007 Meeting.
Number of Attachments: 3
Specific Action Requested:
Provided for clarification by the Board.
Submitted By: Administration Date: July 2, 2007
Finance Officer Comment:
Insufficient information to assess precise fiscal impact.
Signature: Kim KennyDate: July 2, 2007
Town Attorney Comment:
I will be available to comment at the Board meeting, if necessary.
Signature: Date: July 2, 2007
Town Manager Comment:
I will participate in discussions with the Board as necessary at the meeting.
Signature: Bill Richardson, Acting Town ManagerDate: July 2, 2007