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<br />*** <br /> <br />G. Package stores in shopping centers in B-1 and Town Center District. Package stores <br />in shopping centers in a B-1 and Town Center District under one ownership with an <br />improved building area of not less than 41,000 square feet of floor area thereon, and <br />with an improved and developed parking area of not less than 221 vehicles. Only one <br />package store will be permitted in the shopping center. <br /> <br />As you can see by the attached copies of my e-mail correspondencewithMr.Ottinot.it <br />is Mr. Ottinot's opinion that ".. .the proposed package store is not a permitted use in the <br />cultural educational overlay zoning district. It falls in the category of conditional uses." <br />However, a close reading of the Cultural and Educational Overlay Zoning District, (the "CED") <br />regulations indicates that "bars, taverns, and lounges" require conditional use approval and that <br />the CED regulations do not regulate package liquor stores which are, instead, regulated by <br />Section 98 of the Code, excerpted above, which would exempt the proposed liquor store from <br />having to obtain conditional use approval. <br /> <br />We respectfully submit that Mr. Ottinot's Code interpretations summarized above are <br />not consistent with a plain reading of the Code provisions involved. Accordingly, we <br />respectfully request that you reverse Mr. Ottinot's Code interpretations and confirm the Code <br />interpretations which we proffered in our letter to Mr. Ottinot dated December 12, 2006, (copy <br />attached). Thank you for your attention to this matter. <br /> <br />Sincerely, 4 <br />;!//l'! . . y y <br />ll:r~ L..~~-Je}-u-"o.. <br />-ff" Clifford A. Schulman <br /> <br />cc: Rachel Peterkin, Esq. <br />Mr. Denny O'Shea <br />Mr. Jon Auerbach <br />Mr. Jeffrey McDonough <br /> <br />MIA 179498691v1 12/13/2006 <br /> <br />Greenberg Traurig. PA <br />