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--- concurrence with Chairperson Maas. He also requested copies of the color renderings for the apartment buildings on the site. Commissioner Arkin excused himself from the meeting at 7:12 p.m. 6. PUBLIC HEARINGS AND OTHER MATTERS a. Consideration of possible modification or revocation to a conditional use permit for alcoholic beverae;e service after 10:00 p.m. at Toby's Restaurant located at 30 W. Neal Street, Suite 110. Zoning for the property is PUD (Planned Unit Development)- CoO (Commercial-Office) District. Mr. Iserson presented the staffreport, providing the history of the conditional use permit application and information of the original approval. He clarified that the hours for live music were never conditioned specifically in the original use permit. He provided information regarding the complaints relating to the live music and noise emanating from the outdoor deck and the police department's responses to those complaints. He noted that staff has attempted to resolve these issues. He noted that the City's Code Enforcement Officer, Darrin Davis, who is present this evening, has spoke on several occasions with the restaurant's manager and, ultimately, issued a letter of compliance after a warning letter. r- Mr. Iserson presented the areas that the Planning Commission may wish to consider for the focus of discussion this evening. He noted that staff is cognizant of the manager's concerns that further requirements or restrictions of hours could substantially impact the viability of the business. He further noted that staff is also very sensitive to the concerns expressed by the neighbors. He presented various options that could be considered in reaching resolution to this matter, commenting that there needs to be a balance between promoting vitality in the Downtown area and the interests of the residential neighborhood. He noted that staff's understanding was that it was the intent of the original manager to stop the live music at 10:00 p.m. In response to an inquiry from Commissioner Roberts, Darrin Davis, provided information regarding the memorandum that was attached to the staff report concerning the complaint history . Mr. Iserson noted that a letter from Peter MacDonald which states that he maintains that the original condition should be left as is has been provided to the Commission this evening. He further noted that an e-mail from Mike Green, who resides at 100 Neal Street, which indicates that he has not been disturbed by the music or noise from Toby's, was received by staff, and also distributed to the Commission this evening. Mr. Iserson provided clarification regarding the original intent of the conditional use permit and the discussion at the Planning Commission's hearing on this item regarding the kind of music that would be played. THE PUBLIC HEARING WAS OPENED ~ PLANNING COMMISSION MINUTES May 22, 2002 Page 4