PC 111809 - Laserfiche WebLink

Ms. Kennard noted that smoking is a challenging issue. She stated that initially, the smoking bench was approved when they added the breakfast and that from that time, they rigorously sent smokers around to the bench. She added that it became a problem because people want to go and stand underneath the Finches’ front room. She indicated that the security used previously was reticent about approaching people and that she would police smokers. She noted that for a short time, she allowed people to smoke in the patio late at night when there was no dinner service but that she is committed to returning to the original permit and have smoking enforced by security at the bench. She stated that customers will have to be directed and that signage may also help with this issue. Commissioner Pentin stated that he had visited the building to look at the bench at night and noted that it is in the darkest part of the alley and had no lighting around it. He inquired if the area could be lit. Ms. Kennard replied that this is the first time this issue has been raised. THE PUBLIC HEARIN WAS CLOSED. Commissioner Blank moved to make conditional use findings as listed in the staff report and to approve Case PCUP 257, subject to conditions listed in Exhibit A of the staff report. There was no second to the motion, and the motion died. Commissioner O’Connor stated that he heard a lot of positive testimony and only little negative testimony. He noted that there were also letters received from those who could not attend and that it appears to him that everything discussed from a negative viewpoint was already covered in the original conditions of approval: Condition No. 4 regarding maintaining the area surrounding the restaurant and bar in a clean and orderly manner; Condition No. 5 regarding litter, loitering, and vibrations, not the volume of music but the bass; Condition No. 13 regarding prohibiting taking alcohol outside the premises. He added that he has heard staff say that there have not been any formal complaints and that if they did, it could be addressed as a Code Enforcement issue. Commissioner O’Connor stated that he could not modify the conditions to make it any better. He noted that adding two more nights of music midweek would not be a big change and that he agreed with staff’s recommendation. Commissioner Blank asked Commissioner O’Connor if he was in agreement with the Conditions of Approval. Commissioner O’Connor replied that he was but that he wanted to have a discussion first. PLANNING COMMISSION MINUTES, November 18, 2009 Page 11 of 25