Zoning regs under fire again
Kingfisher owners feel county hasn't cooperated
Staff reporter
Frustration was evident Monday during Marion County Commission meeting when Jim and Tina Novak, owners of Kingfisher Steakhouse and Lounge, expressed their positions regarding their desire to expand their restaurant seating to include an outdoor patio.
The restaurant, located at the corner of Upland Road and Lakeshore Drive at Marion County Park & Lake, was purchased in 2005 with an understanding that outdoor seating was being planned.
"We were told there wasn't going to be a problem, other than setbacks, regarding the expansion," said Jim Novak. "What's changed since then?"
Novak said when the couple was considering the purchase of the property in September 2005, the couple asked local real estate agent Charles Kannady about requirements for an outdoor seating area. Kannady then approached county commissioner Dan Holub who in turn talked with county zoning administrator David Brazil.
Holub said in the course of the conversation, nothing was indicated by Brazil that would require guard rails, a specific fence height, and noise issues.
When the Novaks contacted Brazil and recently met with him to move forward with the expansion, they were told the fence would have to be eight to 10 feet high, guard rails needed to go around the patio to protect patrons from traffic, and the patio had to be vacated by 11 p.m., the park's curfew time.
"It feels like hurdle after hurdle have been placed in front of us," said Novak. "I'm not sure why I have to kick people off the patio at 11 p.m."
By law, the lounge can remain open until 2 a.m. but typically patrons begin to leave the business by midnight, said Novak.
Novak said some people think they're running a "honky tonk" with loud music and boisterous patrons.
"Patrons have been loud in the past and they are no longer welcome," he said.
Estimated costs for a guard rail could be as much as $200 per foot. A five-foot wrought iron fence was planned to enclose the patio seating area which would still allow an ample view of the lake.
Brazil said since the September conversation, the public has contacted him regarding noise issues.
Novak asked Brazil if he had received more than five telephone calls regarding the possible expansion. Brazil said he has not. Novak said he had collected 86 signatures from patrons within a week who are in favor of an expansion.
"Are we going to let five people dictate to us?" asked Novak.
Overall, Novak said he was disappointed with some county employees.
"I have a deputy staking out my parking lot, a zoning administrator putting up hurdles, and a lake caretaker concerned with parking in a county parking lot after 11 p.m.," said Novak.
The establishment has 15 employees and supports local and county businesses, Novak said.
"I thought Marion County was behind me," said Novak.
He continued that they would not have purchased the business if they couldn't have a lounge. Novak said the lounge generates about 15 percent of their income.
Recently, Novak said a doctor from Wichita told him he would be interested in purchasing the building for a house if the couple ever wanted to sell. Novak said he was "just about frustrated enough to sell it."
"We're doing a good thing out there," said Novak. "We're bringing people to the county.
Novak showed the commission a guest book signed by out-of-town patrons. People from South Carolina, Pennsylvania, New York, Missouri, Illinois, Georgia, and Canada have supported the business.
The couple received $50 from an out-of-town couple who must have read about their plight in local newspapers and encouraged the Novaks to stay open.
Brazil explained that his duty as the county's zoning administrator was to follow the county's zoning regulations, which is what he was doing.
"Personally, I am not opposed to this at all," said Brazil, but said he had to follow the regulations.
According to county zoning regulations, a building permit is required for construction of the patio. In order to get a building permit, the zoning administrator has to approve the site for the development. The zoning administrator cannot approve the site as presented.
Therefore, an application must be made by the Novaks for a hearing with the county's board of zoning appeals to receive permission to change setback requirements. The board then can impose restrictions or conditions of the variance that could include specific guard rails, fencing, and hours of operation.
Commissioner Randy Dallke said the restaurant had been established for many years prior to the development of full-time residential housing. The business shouldn't be penalized because people have built so close to the business, he said.
Dallke said he can understand residents' concerns about noise but also wants to give people a chance to develop and expand.
"I talked with the neighbors," Dallke said, "and the noise concern was there before alcohol was served."
Novak asked if the lake superintendent had authority to "run people off their patios" and tell them to go inside after 11 p.m.
Holub said there have been assumptions there would be noise issues which are unfounded.
In the end, Brazil encouraged the Novaks to bring support documents that were presented to the commission to the public hearing with the board of zoning appeals.
