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Regular Council Meeting <br />4-28-97 <br />Page 5 <br /> <br /> <br />? <br />Mr. Busa, seconded by Mr. Ferrante, made a motion to amend the agenda to include an Executive <br />Session to discuss-personnel matters. <br />Roll Call:. AYES: All <br />NAYS: None <br />Motion Carried <br />Agenda Amended <br />Council President Fiyder said we will do that after we get through the categories listed- at the top <br />of "New Business." <br />Austin's - Smoking Steakhouse -(P&Z denied their request for a zoning variance) <br />Council President Fixler asked if a representative from Austin's was present who wanted to <br />address Council. <br />Judith Carlin, attorney for Austin's - Smokinp- Steakhouse - sa.id th;s is the second-time tius is <br />before Councii. They had addressed Planning and Zoning last month. In Mr. Campbell's <br />application, he attempted to address adequately the safety issues tha.t were. raised last year. There <br />was concern there would be some better way of protecting the area from an accident=since it is a <br />major thoroughfare. The design prepared by Mr. Campbell's architect demonstrates the ballards <br />to be used. T_he situation presented to Austin's is problematic because it is an existing building <br />with a lirnited setback significantly different than what is required under Village code. Mr. <br />Campbell very much would like to provide outdoor dining for his patrons in the summer months. <br />This request necessitates a variance. Mr. Campbell has authorized, and she submitted for <br />Council's consideration,. tha.t this outdoor addition is still possible to do if reduced by half. The <br />proposed addition wouid have been 17' from the walkway to adding another 10' of setback. In <br />this manner, the amount of increased customers would be 20-24 as opposed to 40-45. Parking is <br />not an issue; compliance is not a problem. However, this is the only place to have the outdoor <br />dining area. This is a problematic situation from a planning point of view because you have to <br />address the development on Wilson Mills to accommodate it for safety and aesthetic reasons. Mr. <br />Campbell is sensitive to that; however, this is an existing structure that he has maintained and has <br />kept going as a viable entity. It is an asset to the community. He is committed to being a good <br />citizen and neighbor in the Village. He wishes to provide the outdoor service to his patrons <br />during the limited titne that service can be enjoyed m Cleveland. The Planning and Zoning <br />Commission was concerned with the safety issue. Ms. Carlin said we are talking about a rare <br />event which is highly unlikely. Any pedestrian walking on that right-of-way within that area <br />would be equally at risk. This is something you can't protect against. Fundamentally; the biggest <br />concern is the setback variance required. Again, they ask for Council's consideration that the <br />request be amended to reduce the size of the patio to approxima.tely half of what was proposed. <br />Mr. Campbell wouid be delighted if that could be an accommodat'ion. <br />Council President=Fixler said he has not seen a formal appeal. <br />Ms. Carlin said that was submitted to the Clerk of Council.