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<br />Regular Council Meeting <br />7/17/89 <br />Page 6 <br />Mr. Feneli said he wanted to give an update of what has been going on <br />during the past decades. He said there were witnesses that said <br />that food has been served outdoors since the 1930's but they had other <br />witnesses who said otherwise. He explained there is a factual issue of <br />whether or not there has been a continuous non-conforming use putting <br />the business outside the building. The other issue is the front yard <br />setback which is to be an open and unoccupied area. He said another <br />thing to be considered is whether the tables and chairs located on the <br />side of the building will all be located to the rear or to the west of <br />the front building line, or are they going to be located to the north <br />of the building but approaching the road so that all we are doing is <br />moving the problem instead of solving it. Also, the attorney who was <br />at court that day on behalf of Fisher's Tavern had mentioned there <br />would have to be something installed to create a proper ground surface <br />to put tables and chairs but that he did not specify as to what type of - <br />surface. Mr. Feneli said a concrete slab may create drainage problems, <br />etc. He said he doesn't know what they plan to do in the parking lot <br />in the back. Mr. Feneli said that the Village might want to talk to te <br />new owner to try to resolve all issues instead of just the issue of the <br />tables in the front. <br />Mayor Carmen said that he thinks that Council must determine if they <br />would be willing to entertain the idea of tables outside of some sort. <br />If so, it makes sense to hold a meeting otherwise it wouldn't make <br />much sense to hold a meeting. <br />Mr. Feneli said that if they decide that tables and chairs is out of <br />the question he will notify Judge Zingale who said he would then grant <br />us an immediate hearing on the preliminary injunction. He said he <br />would like to communicate their feelings (one way or another) to the <br />Fisher's Tavern attorney. <br />Mr. Santoro said he is not opposed to an eating area in the back of <br />the building but he is opposed to an eating area in the front because <br />of the potential for accidents. He said he's seen too many near misses <br />and there could be a real problem if a car coming out Thornapple lost <br />its brakes. <br />Mr. Rinker said he agrees and that we should talk to them. <br />Mr. Petschauer said he thinks we should develop a dialogue as soon as <br />possible. <br />Mrs. Mills said she thinks Dr. Faulkner should come in and speak. <br />Mr. Flynn said he agrees. <br />Mayor Carmen asked Donna to contact Dr. Faulkner and ask him to come to <br />the next Council Caucus. He asked that Mr. Feneli be present also. <br />Mr. Feneli said that the trial with Mr. Haffey regarding the drainage <br />has been scheduled for August 23.