The subject property is a 0.3-acre improved parcel with a pre-existing restaurant. The applicant has remodeled the site’s two existing two-story buildings and seeks to re-open a restaurant at this currently unoccupied location. The conditional use request is to allow outdoor dining as an accessory to a dining establishment.

The site is a pre-existing, non-conforming, lot of record with a pre-existing, non-conforming structure. In 2009, all site plan, landscaping, and parking requirements for a dining establishment were met and site plan #1247 received administrative approval. The parking requirements for 102 seats and 12 staff are met through a perpetual grant of easement with the VFW site to the south and by a parking variance with the city (V-02-2009).

The proposed Conditional Use will be an Accessory Use to the Principal Use of a dining establishment. The applicant is re-using a vacant structure to open a family-friendly, full-service seafood restaurant with operating hours of 11am - 9pm on weekdays and 11am - 10pm on weekends. There will be no extended hours for the bar. This will ensure the site’s compliance with the noise ordinance standards.

City Council has the authority to request additional and reasonable conditions and safeguards associated with this conditional use.

**Quasi-Judicial Proceeding.