March 19, 2026, Regular Meeting

e Chairperson Neuer asked if there is parking shown in the front yard? Mr. Bersch said yes, that the front yard along Eagle Rock Avenue is 10 spaces, the frontage along Rosney Terrace is 15 spaces, and on the east side of the property is eight (8) spaces. Chairperson and Mr. Bersch confirmed that the total in this regard is 33 spaces as opposed to the total number of parking spaces shown on the site being 48. Chairperson looped in Mr. Dochney, who stated that in reports issued by him, the variance is required for parking in the front yard. However, with this being a corner lot,it's effectively the front and the west side are both front yards, so both frontages of parking requires a variance. So two (2) out of four (4) sides of this property are where parking is not allowed. PUBLIC QUESTIONS ¢ Hussein Ismail (6 Rosney Terrace) asked about what will occur in case of overflow parking. Mr. Bersch said that they will comply with the Zoning Ordinance based on the proposed use. e Mr. Ismail asked if Mr. Bersch has experience with two (2) restaurants on one property. Mr. Bersch said that there is proof of the concept existing and working in other locations in the state. e Mr. Ismail asked for the address of the recently approved site. Mr. Bersch said that it is on Route 17 in Hasbrock Heights. Mr, Wine provided redirect with Mr. Bersch. Mr. Wine asked if even operating or fitting out this existing restaurant as a single restaurant would generate a similar or possibly greater demand. Mr. Bersch said yes because the parking calculation is based on the square footage of patron space or the number of seats. So it is possible that a single restaurant use would require more parking onsite, depending upon the general layout. Mr. Wine asked if the proposed THOP, which is the sit-down traditional permitted use restaurant that's part of this application, that has, based on seats and/or square footage, a significantly higher parking requirement than the 12 or 13 parking that spaces do not fall within a setback, is that correct’? Mr. Bersch said yes. PRESENTATION e Ms. Mallory Clark, Professional Planner was sworn under oath, credentials were accepted, confirmed of being present for all previous testimony, and that she has visited the site. e It was at this time, a discussion occurred on whether Ms. Clark’s writings should be considered reports or statements due to not

esent for all previous testimony, and that she has visited the site. e It was at this time, a discussion occurred on whether Ms. Clark’s writings should be considered reports or statements due to not having signatures or Planner’s Licenses. Ms. Clark confirmed that she did write all five versions of the Planner’s Report and that it is just common practice for her firm to not include licenses. e Ms. Clark submitted Exhibit A-6 (Dated - March 16, 2026) Planning Presentation, where the variances and justifications were explained. ¢ Starting with the D(3) variance, which is the variance for conditional use approval associated with the fast food operation. In terms of the DG) conditional use variance, the drive-through window was not associated with that specific variance relief It's just the fact that the Popeye's operation is defined within the ordinance as a fast food use. So with or without that drive-through operation, the D(3) would be necessary based on the way that the Popeye's falls within the fast food definition of the ordinance. There are 10 criteria within the zoning ordinance. There are four criteria with which