Memo

Date:      April 12, 2006

To:          Town Planning Commisison Members

From:     Department of Community Development Staff

RE:          Agenda Item 7 – Town B-5 Conditional Use Permit – Sidelines Bar & Grille

Overview

The applicant is proposing an outdoor beer garden for Sidelines Bar & Grille.  Chapter 9.01 (13) of the Municipal Code regulates beer gardens.  The site plan indicates that the beer garden will be 12-feet by 45-feet.  The plan does not indicate any fencing, landscaping or screening as required by the Ordinance. 

Findings of Fact

·         Staff finds that this Town B-5 CUP does not comply with the regulations of the Beer Garden Ordinance.

o        “Every beer garden shall be completely enclosed with a fence or wall not less than five (5) feet in height above the ground of the area  - or at least four (4) feet in height on corner lots that shall be 50% open.”

Staff Recommendation                            

Staff recommends conditional approval of this Town B-5 Conditional Use Permit with the following conditions:

·         A site plan and elevation indicating the location and design of the required fencing and any landscaping shall be submitted to the Department of Community Development.

·         The fencing shall be decorative in nature.