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an easement from James Byrd for emergency egress from the proposed bedroom window. The Finches' apartment unit also has a balcony on the front elevation and several rooftop skylights. The Finches recently contacted staff with concerns regarding Redcoats' existing business operation and the proposed expanded indoor music /dancing hours. The Finches indicated that Redcoats' customers are smoking within and adjacent to the outdoor dining area on the east side of the building, preventing them from sitting on their front balcony or opening the balcony windows without being impacted by smoke. The Finches have also indicated that Redcoats' eastern side door is propped open sometimes, increasing the noise levels at the Finches' residence. As a result of the noise, the Finches stated that they do not open any of their windows or skylights. Regarding Redcoats proposal to expand the indoor music and dancing, the Finches indicated that they do not support music until midnight on Wednesdays and Thursdays. The Finches indicated that music would be acceptable until 10:00 p.m. on Wednesdays and Thursdays if Redcoats were to keep the eastern side door closed at all times and customers and employees used the front door to access the eastern side patio area. Staff is sensitive to the potential land use conflicts in the Downtown between existing residents and commercial uses which may have spillover effects on those residents, such as traffic, parking, noise, or similar issues. In evaluating use permits which have potential impacts, staff has looked carefully at the specifics of proposed operations and has tried to achieve a balance between maintaining a reasonable quality of life for Downtown's residents and the objective of having a successful Downtown that accommodates a variety of businesses and activities which draw people to the area both during the day and at night. The Finches' apartment is located in a commercial zoning district where mixed residential and commercial uses are encouraged. The Finches' close proximity to Redcoats and other commercial businesses exposes them to a greater degree of spillover impacts such as noise, litter, parking, etc. than a typical residential neighborhood and it may not be realistic for residents living in or near the Downtown to expect the same level of peace and quiet as those who live outside of the Downtown. With the current application, the applicant would like to add two more nights of indoor DJ music and dancing at her business to make it more competitive in these tough economic times and staff believes that the existing and recommended conditions of approval would ensure that the surrounding uses are not unreasonably impacted due to noise, litter, or other nuisances. For example, the existing conditions of approval require the applicant to maintain the area surrounding the restaurant/bar in a clean and orderly manner at all times and to monitor the area outside of the business to ensure peace and quiet. The applicant has hired security staff to help enforce these conditions. In addition, to prevent the possibility of this business becoming a "dance club," an existing condition limits dancing to the 16 ft. by 19 ft. dance area shown on the floor plan and the size of the dance floor cannot be enlarged. Additional conditions addressing noise and smoking are discussed below. Should future problems arise from this use, a condition allows the City to bring the application back to the Planning Commission for additional conditions to mitigate and/or prevent any nuisances that were identified. Therefore, from a land use perspective, staff finds the use to be acceptable, as conditioned. Page 6