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205 .x iq #NR referred to the file transmitted by the Planning Commission and „--tttie- two--letters received today from The Wine Company and di stri- ' buted to Council . , Mayor Weymouth declared open at 7 40 p.m. the public _hearing on _ the subject appeal . _ _ - City, Clerk Hildebrand reported that the Affidavit of Publication of Notice `of Hearing is on file in her office and no other written communications have been received _ Planning- Director Schroeter described the background relating to- :the subject-appeal , remarking that some issues have been _raised concerning the granting of-the variance - In response- to questions, Mr Schroeter advised that at the time the original application was_ made by The Wine Company for a retail wine-,business, the application showed_ an area to-be used as a deli- catessen, in the future, but no seating or restaurant=type_ arrange= ment was"shown so no additional parking to accommodate restaurant' patrons was required Mr Schroeter advised that the Zoning Ordinance would require that the owner, Bruce Cass, provide 24 off-street parking,places for the operation he contemplates- He has- only 12 _ such places and expects that on-street parking-will be available in the area' to accommodate his patrons and has requested a variance on • that basis. _ - Sidney L Berlin, attorney representing Harry Kramer, owner and operator of Harry's Hofbrau, referred to letters received from The Wine Company today by Council and stated he had not received__ • copies Mr. Berlin advised that in accordance with the Zoning Ordinance,and Kramer provides 72 off-street parking places in his'lot and has -a total of 208 restaurant and bar seats at his 'place -of -business, noting that the ordinance requires one space for ,each-.three-seats Mr Berlin stated that his client objects ,'to, th""e non'con"formity with the Zoning Ordinance represented by the granting of a variance to permit fewer parking spaces to be pro- vided and observed that any unusual circumstances which apply to The Wine Company with regard to parking would also apply to_ the -- Hofbrau across the street - Mr Berlin suggested -that granting of a variance to The Wine Company would be a special privilege for a single person and called attention fo the staff report of September 11 , 1975 which"states "The staff finds no grounds for granting a Variance " Mr. Berlin urged that the appeal be sustained _; - , _ Discussion followed and Mr Berlin, City Attorney Schricker and Mr. Schroeter replied to questions from Council concerning the fact that ,Mr Kramer would anticipate having to employ someone to police his `lot in order to insure that it is -being used by his patrons,-if the variance is granted, the difficulty_in granting`= the variance on a conditional basis for a year and then -attempting to withdraw it if necessary, the fact that incorrect testimony was given toithe Planning Commission regarding seating at the Hofbrau and that staff has since acknowledged the error, the fact that Mr Kramer first leased and then purchased not only the restaurant premises but the -property next door in order to provide the off- , street parking required by the Zoning Ordinance, and the fact that ' parking places are required without regard to whether they are-to - be used by patrons or employees -2- Reg Mtg. 11/24/75