The Commercial Appeal

Railgarten

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And the family-oriented outside areas will offer volleyball and other outdoor games like corn hole.

"The whole property has been branded Railgarten,'' said Solomito of Solomito Land Planning. "It's all under one ownership with the ability to give you different experience­s at each venue.''

The diner and ice cream parlor will have different hours of operation than the buildings with the bars and live music.

The owner of the business is staying anonymous for now. Solomito declined to identify her client, saying, "I think they are keeping it quiet until after it opens.'' Attorney Michael Futhey was the applicant for the special permit granted to allow a bar/ restaurant.

Earlier this week, the owners avoided being given a courtesy citation for a zoning issue. The 1.3 acres has split zoning: The front is zoned commercial and the back is zoned for employment, a more industrial designatio­n.

Constructi­on crews have stacked several intermodal cargo containers in the back yard — in the employment zoning — in a move that appears to burnish the rail theme. The metal containers support signs like "Roller Skate For Health'' and provide shelter for activities.

However, using the metal structures as part of the business would be a zoning violation even though the containers may be in the more industrial area, Josh Whitehead told The Commercial Appeal. He's planning director for Memphis and Shelby County.

No metal containers were part of the site plan submitted for approval to the Land Use Control Board in January.

The only way the metal containers would be allowed is if they are being temporaril­y used as constructi­on storage, Whitehead said in an email.

Solomito met with Whitehead and planner Brian Bacchus on Thursday. "She has been made aware that metal containers are not permitted at this site without approval by the Board of Adjustment,'' Whitehead said. "Given that some of the containers may be associated with the constructi­on of the site, we will not request a courtesy citation be issued at this point.''

Asked if Railgarten plans to keep the containers permanentl­y, Solomito told The Commercial Appeal, "Not at this time.''

Railgarten's Facebook page features a rendering which shows the two front buildings and what looks like cargo containers behind them.

Zoning code allows such container buildings there only through a conditiona­l use permit, Whitehead said. "Through that process, an applicant could present that the containers would be designed in a particular way,'' he said in an email. "The Board of Adjustment, in turn, could condition its approval on such a particular design.''

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