Swags Restaurant rezone request to be heard by Scottsdale City Council; Court Rich, co-founder of Rose Law Group, talks to the Independent about the case

(Disclosure: Rose Law Group represents Wags Capital.)

By J. Graber | Your Valley

The zoning battle over a third story on the proposed Swags Restaurant downtown should come to a close Tuesday, Jan. 9.

The issue is scheduled to go before the city council for a third time during its regularly scheduled meeting.

Developer Aaron Wagner has been seeking approval since October for the zoning that would allow him to put a third-story terrace on the project he is going to build on a .29 acre site at 7323 E. Shoeman in Old Town.

The problem is several property owners surrounding the proposed restaurant led by Shawn Yari have resisted the request and have filed a legal protest against it, meaning the request must be approved by at least five of the seven council members. Yari and his partners have offered to rescind the protest if two stipulations were added to the council’s approval — that there would be no live music or DJs at the new restaurant and that the new restaurant could never own a series 6 liquor license, thus precluding it from ever becoming a bar.