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|April 25, 2019 City Council Regular Meeting|
11. Motion to Amend the Zoning Ordinance Regarding Nonconforming Uses at 321 Habersham Street (Petitioner: Robert L. McCorkle for Fox and Fig, LLC)
The Mayor and Aldermen continued the Zoning Hearing for this petition from the April 12, 2019 Regular Council Meeting.
Robert McCorkle, Petitioner (File No. 19-000812-ZA) for Fox and Fig, LLC, is requesting approval of a zoning text amendment to permit the sale of beer in addition to wine in a restaurant use within the RIP-A-1 Zoning District and permit earlier sale of alcoholic beverages.
There is only a single instance of the RIP-A-1 zoning district, which encompasses most of Troup Ward within the Downtown Historic Landmark District. Restaurants are not permitted within this district, but since the Fox and Fig Café (or its predecessor) at 321 Habersham Street was in operation before the district was adopted, it is a legally nonconforming use. Article F of the Savannah Zoning Ordinance establishes conditions for such uses, including Section 8-3134(g) that specifically concerns restaurant uses within the RIP-A-1 Zoning District. Since there are no other restaurants within the RIP-A-1 Zoning District, these conditions can be understood to apply only to this café. The Mayor and Aldermen approved the creation of Section 8-3134(g) on March 16, 2005 under File No. Z-040702-37207-2 and have amended it since then.
Beer and wine are typically regulated under the same license classification, so it is unclear why a distinction is made in this case. Permitting earlier sales of alcoholic beverages would also be consistent with most similar establishments in downtown Savannah. The café would still be bound by a range of other regulations, including a prohibition on “to-go” cups and advertising alcoholic beverages.
On March 12, 2019, the Planning Commission voted to recommend approval of the petition to amend the Zoning Ordinance to permit the sale of beer in addition to wine in a restaurant use within the RIP-A-1 Zoning District and permit earlier sale of alcoholic beverages.
Bridget Lidy, Director of Planning & Urban Design
Exhibit 1: Planning Commission Recommendation - Section 8-3134(g)(1).pdf
Exhibit 2: Draft Ordinance Section 8-3134(g)(1).pdf
Exhibit: 3: Location of the Only RIP-A-1 Zoning District.pdf