MainStrasse brewery appeals permit denial
By Mike Rutledge Enquirer staff writer
COVINGTON - MainStrasse neighborhood businessman Gerald Blaschke has appealed a city decision that prevents him from creating a small-batch brewery and restaurant at 605 Philadelphia St., near Covington's Goebel Park.
A 2-2 vote Aug. 17 by the Covington Board of Adjustment meant Blaschke's proposed Moody River Brewing Co. & Brownstone Grille could not receive the conditional-use permit it needs to open.
Using the designated appeal process, Blaschke filed a lawsuit Tuesday in Kenton Circuit Court.
"The decision by the Board of Adjustment was arbitrary and unreasonable and not based upon a reasonable application of the zoning code in regard to the project," the lawsuit argues.
Also, "The Board of Adjustment on the day of the vote only had four members present out of seven," the suit contends. "The failure of the board to have all members present resulted in a 2-2 tie on approval of the project, thus the application failed without majority support."
Blaschke attorney Walter Hornbeck said the city board should have considered needs of "the community as a whole - not just the residents in that adjacent area.
"We think for the whole community, this is a good use of those premises (605 Philadelphia)," Hornbeck said.
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