The Willow Glen Resident

Council Watch

Brewpub continues to try for a 2.a.m. permit

Commissioner could reconsider

By Cecily Barnes

When the Planning Commission told Willow Glen Billiards and Brew to wait until July for a decision on its request for a 2 a.m. closing time, co-owner John Karamanos decided the wait was too long.

"If they had said no, we could have appealed it to the City Council, but they tabled it, so now we can't appeal it," Karamanos said. "But we're going to appeal it anyway."

Karamanos submitted an appeal request to the planning department on Wednesday, Dec. 3, but desk clerks turned him away, saying a deferred item could not be appealed. According to City Attorney Joan Gallo, a deferred matter cannot be appealed to the City Council. An applicant's only recourse would be if a planning commissioner who voted with the majority in favor of tabling the issue until July chose to recall the matter.

"There is no procedure to appeal from a deferral. The applicant would simply need to ask the planning commission to bring the item back and make a decision," Gallo said. "It can't be brought directly up to the council."

Karamanos hopes a commissioner will recall his permit request. Already he has invited each of the commissioners down to the bar to see the setting for themselves. "I want to bring them down here to show the facts," Karamanos said. "All the ones I've contacted said they'll meet us down here except for Linda LeZotte and Gloria Chun Hoo. They both said they would call me back, and I haven't heard from them."

Commissioner Forrest Williams said he will take a look at the business because it is something he routinely does with matters that come before the commission. If Willow Glen Billiards and Brew has resolved issues with the neighbors, Williams said, he would be willing to put the matter back on the commission's agenda before July.

"If they can satisfy what was requested by the commission, then I would support them coming back," Williams added. "We asked them to meet with the neighbors, and if they've done that and are ready to come back, I don't see why I wouldn't support it."

Karamanos said he is researching other alternatives to secure a 2 a.m. permit for the brewpub, including having his attorney, Linda Callon, research the law of appeals and permits.

"This is far from over," Karamanos said. "It's just beginning."

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