November 15, 2012

Chairman Neuer asked if any member of the public would like to offer any commentary or testify; seeing none the record was closed by the Chairman. Chairman Neuer asked to have Exhibits A-1 and A-2 entered into evidence and opened the floor for discussion. Mr. Buechier stated that he thinks the consolidation of the lots to increase parking is a great thing but he opposes the onsite pharmacy. He said that the Planners testimony did not demonstrate the negative and positive criteria for the variances relating to this use. Mr. Buechler said that he believes there is not truly a need for a pharmacy because there is a pharmacy about a quarter of a mile down the road. He said that he recommends approving the parking but not the pharmacy. Ms. Gabry stated that her concern is the security issues for the pharmacy and she agrees with Mr. Buechler. She said that so few people will be interested in using it and it does not serve all the needs of the patients. Mr. Buechler stated that Dr. Abbassi testified that 2 to 3 years ago there were 10 to 15 patients that were interested in having a pharmacy onsite. He said when Dr. Abbassi was asked how many patients he had, he said approximately 10,000; Mr. Buechler said that, in his opinion, this does not constitute a need for the community. Mr. Bullock stated that he understands the concern for the justification of the pharmacy but in this part of town the pharmacy would be beneficial. He said that he thinks the benefits outweigh the negative aspects of it. Mr. Bullock also stated that, in regards to the concern about narcotics being distributed on a Saturday, the Pharmacist has the legal responsibility for that; not the Doctors. He stated that the applicant did satisfy the criteria for the pharmacy and that he would approve it. Mr. Steinhart stated that, for reasons Mr. Bullock expressed, he would also vote in favor of this application. Ms. Weiss said that she agrees with Mr. Buechler and Ms. Gabry but she agrees more with Mr. Bullock and Mr, Steinhart. She said that she does not think it will be a traffic issue or outsiders will utilize the pharmacy. Ms. Weiss said that the positive outweighs the negative and that she will vote to approve this application. Chairman Neuer stated that he agrees with Mr. Buechler and Ms. Gabry. He said that he finds the presentation of Mr. Williams, as a Planner, deficient and that

e will vote to approve this application. Chairman Neuer stated that he agrees with Mr. Buechler and Ms. Gabry. He said that he finds the presentation of Mr. Williams, as a Planner, deficient and that neither the negative nor positive criteria was satisfied. The Chairman stated that the pharmacy is not permitted in this zone and that he did not hear any testimony that established a compelling a need for it. He observed that Mr. Williams stated that the pharmacy was to service the patients but yet Dr. Abbassi said that only 10 or 15 patients requested it. Chairman Neuer stated that there is a pharmacy approximately 500 ft. away and that the neighborhood does have one to serve them. He said that he did not accept Mr. Williams’s testimony at all. The Chairman said that the addition of two employees for the pharmacy does not improve the economy and that the testimony did not establish that the negative criteria have not been proven. Chairman Neuer described Mr. [3]