 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Thompson v. Carlson12/14/2005
DECISION
Before this Court is an appeal from a decision of the Zoning Board of Review of the City of Providence (Zoning Board) that has been brought by Appellants Geoff Thompson (Thompson), Paul Treanor (Treanor), Corliss Landing Condominium Association (Corliss Landing), and Fox Point Citizens Association (Fox Point) (collectively, the Appellants). They contend that the Appellee Zoning Board both exceeded its authority, and arbitrarily and capriciously abused its discretion, when it granted a special use permit to the other Appellees, Eat-or-Out, Inc., d/b/a/ Hot Club (the Hot Club) and Thomas Bates (Bates) (collectively, the Applicant), allowing them to expand the bathroom and kitchen facilities at their business premises. The Appellants further contend that the record did not provide the Zoning Board with substantial and reliable evidence to support its decision. Jurisdiction is pursuant to G.L. 1956 § 45-24-69.
Facts/Travel
The Applicant is the owner of two adjacent waterfront properties located in the City of Providence, and described as lots Nos. 12 and 13 on Tax Assessor's Plat No. 18. One property contains a brick structure known as the Hot Club. Hearing Transcript (Tr.) at 110. The other property consists of a parking lot that is used by patrons of the Hot Club and also contains 1800 square feet of outdoor seating for the Hot Club. Id. The properties are located on South Water Street in a waterfront W-2 zone. See Application at 1 and Tax Assessor's Plat No. 18.
On February 23, 2003, Bates, in his capacity as President of Eat-or-Out, Inc., submitted an application with Providence Zoning Board of Review. Application at 2. On the application form, the box next to the words "Variance -- Use" was checked off. Id. The box next to the words, Special Use Permit, was left blank. Id. The zoning provisions that Bates cited in the Application applied to special use permits. Id. Bates listed the property as lot 12 on Tax Assessor's Plat No. 18 and with an address of 575 South Water Street. Id. at 1. He described the legal use of the premises as a "Café/Lounge," and indicated that the property was 5797 sq. ft. with an existing building of "40' X 45' (approx)" in size. Id. Bates requested permission to construct an addition to the building of "approx 29' X 20' (373 sq. ft[.])" for purposes of adding "additional bathroom and kitchen facilities." Id.
In the explanation section of the Application, the Bates stated:
"We are seeking permission to expand our existing bathrooms and kitchen areas.
These expansions are needed in order to bring bathrooms up to code and to add handicapped bath facilities, which requires more area.
The proposed larger kitchen area will also allow us to bring this area into compliance with fire safety requirements. This proposal will not add to the existing capacity. This proposal will only add to the safety and convenience of our patrons." Id. at 2.
The Application stated that it was brought pursuant to Sections 303, 201, and 902 of the Zoning Ordinance of the City of Providence. Id. at 2.
On April 12, 2004, the Zoning Board posted a Notice of Public Hearing (Notice) scheduled to be conducted on April 28, 2004. In the Notice, the Zoning Board stated that the Applicant had "filed an application for permission to be relieved from Section(s) 201.5, 202.4, and 303-use code 58 in the proposed construction of a new 373 square foot addition to the existing café/lounge . . . ." The Notice further stated that " he applicant is requesting a special use permit in order to enlarge this existing legal non-conforming use within the W-2 waterfront district."
The h
Page 1 2 3 4 5 6 7 8 9 Rhode Island Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|