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September 23, 2021 City Council Regular Meeting
9. Petition of Phillip R. McCorkle from McCorkle, Johnson & McCoy, LLP (Petitioner) on Behalf of Whitaker @ Charlton Lane, LLC (Owner) for a Special Use Permit with Conditions to Have a Restaurant at 348 Whitaker Street (PIN 20032 05001). Aldermanic District 2. File No. 21-002772-ZA (Public Hearing Closed on August 26, 2021) [Continued from September 9, 2021 by Petitioner]
Strategic Priority
Good Government

Agenda item continued from August 12, 2021 City Council meeting by Mayor and Aldermen. Item continued from September 9, 2021 Council meeting by the petitioner.

Petitioner Phillip McCorkle on behalf of Whitaker @ Charlton Lane, LLC (Owner) is requesting a special use permit to operate a restaurant at 348 Whitaker Street.  Special use permits are required for restaurants within the D-R (Downtown-Residential) zoning district. As outlined in Sec. 3.10 of the Zoning Ordinance, the special use permit process includes consideration by the Planning Commission and then the Mayor and Aldermen. Additional conditions, restrictions, and safeguards may be imposed by Mayor and Aldermen on the special use approval to protect public health, safety, and welfare.

The subject property is located in the Whitaker Street Design District and is a commercial structure fronting on the eastern side of Whitaker Street between West Charlton Lane and West Jones Street.  The space is being used as a conforming specialty retail store selling home goods, furniture, and apparel.  A portion of the business also functions as an interior design studio. The current owner of the business, Erika Snayd, intends to serve light meals to residents and shoppers in the area from the retail portion of the business.



The Planning Commission recommends denial of the petition of Phillip McCorkle on behalf of Whitaker @ Charlton Lane, LLC (Owner) for a special use permit to operate a restaurant at 348 Whitaker Street.

Following the Zoning Hearings held on August 12 and September 9, 2021, a Good Neighborhood Agreement was finalized addressing several concerns from adjacent neighbors to include limited kitchen equipment, hours of operation, outdoor seating, no alcohol, music, food delivery services, special/private events and non-transferability of the Special Use Permit.  These conditions will be part of the Special Use Permit approval. 

Bridget Lidy, Senior Director, Planning and Urban Design
Financial Impact
Review Comments
Exhibit 1: MPC Recommendation Packet - 348 Whitaker Street.pdf
Exhihibt 2: Good Neighborhood Agreement - 348 Whitaker Street.pdf
Exhibit 3: Signed Good Neighborhood Agreement and Conditions of Special Use Permit 09.17.2021.pdf
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