WWPNA Zoning Committee
Tuesday, April 28, 2009
The meeting convened at 7:05 p.m., and the Committee members present were Charlotte
Winzenburg (Chair), Gertie Grant, Gloria LeFree, Barry Sarver, David Callaghan, and Jim Jones.
Jim was given proxy by Fred Hammer in his absence. The minutes of March 31, 2009 were
approved by the Committee members present who attended the meeting. Guests present were;
Kathleen Gregor, Jeff Gregor, Stephen Barsch, Estela Koncsik, Paul Ryan, Jennifer Auen, Brenda
Hauck, Velma Malley, and Peter Chronis. A sign?in sheet with contact information is attached.

UNFINISHED BUSINESS
1. 601 S. Corona Street – appeal of a denial of a permit to erect a detached garage into the
setback was granted with stipulations.
2. 634 S. Clarkson Street – appeal of an order to discontinue maintaining a garage
encroaching into the setback was heard, but we have not gotten word.
3. 281 S. Grant Street – application to erect an overheight fence was also heard, but we
have not gotten word.

NEW BUSINESS
The first order of new business was the Zoning Appeal Application (Case #48?09) for 769
South Corona Street. It is an appeal of a denial of a permit to erect a 2nd story addition to a
single unit dwelling 2 feet into the 5 foot north side setback and approximately 11 feet into
the 27 foot 9 inch South Corona Street average front setback, in an R?1 zone.
The homeowners, Jeffrey Gregor and Kathleen McCann were present, as was their architect
Stephen Barsch. The architect described the 2nd story plans and indicated that the footprint of
the home would remain the same, but that they needed the square footage over the areas
comprising the setback violations in order to provide enough room for this growing family.
Charlotte stated that flyers had been distributed to the near neighbors and that there were two
respondents that were supportive. A nearby neighbor was present at the meeting to show
support. The Committee agreed that the rendering of the addition of the 2nd story, as depicted
in the architect’s rendering, was very attractive and the type of addition the neighborhood
advocated.

MOTION: Gloria LeFree moved that the Zoning Committee recommend to the WWPNA
Board to send a letter of support for the variance at 769 South Corona Street, based on the
following reasons; this was a hardship not of their own making, the setback violations are
still within the footprint of the original house, the letters of support received, the unusually
large front setback caused by a new?build duplex next door, and that the plans are complimentary
to the ‘old style’ homes in WWP. Jim Jones seconded. The motion carried. 7?0?0

The next order of new business was the Hotel/Restaurant Liquor License Application for 375
South Pearl Street. It is an application to serve liquor at a new Mexican restaurant to be
located at this address.
The applicant, Estela Koncsik, explained that her husband’s family has owned the dry cleaners
next door for many years, and her family decided to open a Mexican restaurant when this space
became available. Since many of her dry cleaning patrons expressed a desire that they provide
liquor at the restaurant, she decided to apply for the license. Charlotte stated that 175 flyers
were handed out to the residents surrounding that location and that only one negative response
was received. There was a neighbor present at the meeting that was not in favor of the license
until he heard Ms. Koncsik’s explanation of the type of establishment they envision. He now
supports her efforts. The restaurant is planned to seat 50 inside and 20 more outside when the
weather permits. Hours will be 8:30 a.m. to 10:00 p.m. M?F, 10:30 a.m. to 10:00 p.m. on
Saturday, and 8:00 a.m. to 3:00 p.m. on Sunday. No music will be provided outside, and they
would be amenable to a ‘Good Neighbor’ agreement if one was proposed.
Gertie explained what information would be sought at the hearing and provided Ms. Koncsik
with the appropriate ‘next steps’ she needs to take to be successful in her bid. The Committee
asked a myriad of questions, but concluded that the project was not objectionable. Since no
hearing date has been set, the Committee agreed to wait on an official stance until that time
arose.

The next order of new business was a Business Structure Use Exception at 626 E. Kentucky
Avenue. Douglas Cluff, owner of the property, filed an application to operate a new/used
clothing sales store at this location, in an R?3 zone district.
The prospective business owner and her associate stated that they had been misled by the
owner about what businesses were allowed in a non?conforming use zoning. Since there are
now new criteria for such businesses, the Committee recommended that they hire a lawyer to
represent their interests. They intend to open a used and new clothing store, and the
Committee generally felt that this would not be an improper use of that zoning designation.
The Administrative Review is not scheduled until May 21, so the applicant has time to sort out
the situation. The Zoning Committee agreed not to take a position on this issue at this time.

The next order of new business is the proposed Hotel & Restaurant Liquor License for a new
restaurant at 55 Broadway. Charlotte reported that she attended the Baker Historic
Neighborhood Association (Baker) where the applicants presented their plans. The restaurant
will seat 188 and offer upscale dining. She mentioned that Baker was anxious to have another
business open in that location.

MOTION: Jim Jones moved that the Zoning Committee defer this decision to the Baker
Neighborhood. Gloria LeFree seconded. The motion carried. 7?0?0

The next order of new business was an Application for an Overheight Fence at 955 South Pearl
Street. The applicant states that her property borders a 3?story condo building and parking
lot to the south of their home, and that lights from there shine straight into their home. The
parking lot is oriented so that autos pull straight into the space and aim right into their
house.
Gloria reported that she tried to deliver notices to residents of the condo, but was not allowed
entrance by the president of the condo association. He instead asked her to leave the flyers at
the doorway. Traditionally, disputes over fencing are between property owners, so the Zoning
Committee members decided to drop this issue.

The next order of new business was an appeal of a denial of a permit to erect 5 projecting
signs (not a permitted sign type) in a B?2 zone at 501 to 507 Lincoln Street.
Fred Hammer spoke with the applicant and looked at drawings of the signs in question. Fred
emailed the Committee members about this permit denial and expressed his opinion that the
erection of these signs would not be out of place or a distraction to motorists. These materials
were provided to the Committee members.

MOTION: Jim Jones moved that the Zoning Committee vote to take no position on this
issue. Gertie Grant seconded. The motion carried. 7?0?0

The next order of new business was a Transfer of Ownership for a Hotel Restaurant Liquor
License at 266 South Downing Street. The applicant wants to open an establishment named
The Drink Bar and Grill.
After some discussion, it was noted that the Committee rarely gets involved in liquor license
transfers, so it was mutually decided not to take any action on this issue.
The last order of new business was an Application for an Overheight Fence at 1270 South
Corona Street. Gertie agreed to prepare a flyer for distribution to the near neighbors, and
David agreed to deliver them. The deadline is May 26th, so there is time to address this issue
later in the month of May.

OTHER BUSINESS
Charlotte reminded everyone that the WWPNA General Membership Annual meeting will be
held on Thursday, April 30th, and that the topic of discussion will be ‘creating community by
going green.’
She also mentioned the upcoming City meetings that will introduce the new Zoning Code, and
the INC?ZAP briefing on the same issue. She reported that the WWP survey of the R?3 area of
the neighborhood will be taking place soon and that volunteers were needed. Councilman
Nevitt’s meeting on that issue will take place on May 30th.

There being no further business, the meeting was adjourned at 8:40 p.m. The next meeting of
the Zoning Committee will be held on Tuesday, May 26, 2009.