The Petitioner requests consideration of a Special Use Permit to allow ancillary alcohol sales in association with a proposed 165-seat restaurant, the Henry Street Bistro.  Per Sec. 13.2 of the Ordinance, a restaurant is an establishment that prepares and serves food and beverages to the public whose offerings may or may not include accessory alcohol sales. Restaurants deriving more than 50% of its annual gross food and beverage sales from the sale of alcoholic beverages shall be considered a bar, tavern, or nightclub, as applicable.

The subject property (~8,223 square feet) is currently zoned TC-1 (Traditional Commercial-1) and contains a 1-story, 4,164 square foot commercial structure built in or about 1950, according to the Tax Assessor. The structure, identified on the resource map as number 277, is non-contributing within the Victorian Historic District.

A past Business Approval (22-003230-BA) for the site indicates use as a restaurant and ‘tavern.’ The 2022 approval references a 2018 Business Approval, citing the use as pre-existing. The most recent approval (24-004188-BA), dated August 9, 2024, indicates only restaurant use and stipulates that alcohol sales will require issuance of a Special Use Permit and Alcohol License.

On December 19, 2024, based upon compatibility with the Comprehensive Plan, and the ability to meet the criteria for a Special Use Permit, the Planning Commission recommended approval of the request with the following condition:

1. The Special Use permit shall be nontransferable.