The hearing for a special use permit (SUP) and rezoning to allow a temporary mobile restaurant on the lake was continued at the request of the applicant as complications from a lawsuit and access issues to the business tangled the case into a confusing knot.
Anthony Bommarito, Jr. is seeking to temporarily continue to sell food out of a trailer in a parking lot next to the now closed Dock Knockers Restaurant on Crow Rd. in Lake Ozark in the Horseshoe Bend area. To do so, he has applied to rezone the property with the trailer from single-family residential to medium impact commercial with a SUP for the mobile business.
The SUP is necessary because the Unified Land Use Code (ULC) prohibits sales from mobile structures in all districts. The rezoning would convert the non-conforming use of the commercial parking lot to the matching zoning, allowing it to continue as an accessory use to Dock Knockers if it reopens.
The county's Future Development Map identifies the property as Suburban Neighborhood.
Bommarito formerly operated Dock Knockers Restaurant at the 4 mile marker under a lease of the property from his uncle Ralph Keeney III. The two family members are now involved in a lawsuit over the business.
In the interim, Bommarito is seeking to continue his bar and restaurant business out of the adjacent trailer which is in a lakefront parking lot on his 24,000 square foot lot adjacent to the restaurant building. An outside deck that extends from the vacant building is also being utilized in the temporary business.
Keeney testified to the P&Z commission that Bommarito built the deck and the parking lot without permission during his former long term lease.
Don Williams, a longtime employee of Bommarito's, claimed that the work was done with permission from Ralph Keeney II - Keeney's father and Bommarito's grandfather - who Williams said Bommarito originally had the lease through. Williams also believed the residential zoning to be erroneous, claiming that the business use was in place prior to the implementation of P&Z in 2004.
A further legal dispute has now emerged, however, over public access to the trailer.
A driveway off of Crow Rd. provides access to a residence on Bommarito's property. The lakefront parking lot with the trailer is on this parcel just to the northwest of the house but a steep grade between the two does not allow for regular traffic access.
For access to the trailer, Bommarito is involved in another lawsuit over a disputed easement through Keeney's Wheelhouse Marina property and parcels owned by another party, Modular Concrete Docks.
According to the staff report on the case from Camden County Planning & Zoning, their research has not produced evidence of a cross access easement for either Dock Knockers Restaurant or Bommarito to continue utilization of the access across the Wheelhouse Marina property.
Page 2 of 2 - The ULC vehicle accommodation regulations requires proper access to businesses.
With the access in dispute, Bommarito asked for, and was granted, a continuance of the hearing to hopefully have more clear information by the Oct. 16 meeting.
Bommarito's use of a neighborhood wastewater treatment plant for Wheelhouse Marina and nearby condominiums for public bathrooms in the parking lot is also in question.
Additionally, Bommarito's lot lies within Horseshoe Bend No. 9 subdivision which has covenants against trailers, mobile homes or any temporary structures.
One nearby resident testified in favor of rezoning the lakefront portion of the lot, but several residents in the area and across the cove attended the meeting in opposition to the case.
David Spriggs testified against the application and asked that it be denied.
An attorney representing a group of homeowners against the application said he would speak at next month's meeting when there would be more clarification on some of the issues.