PC 052202 - Laserfiche WebLink

.--- was imposed following the Planning Commission's decision on the use permit. He stated that they do not stop the music at 12:00 p.m. and the door on First Street is constantly opening and closing. He reported that the concert which he has on the videotape was the day after the restaurant owners received a two-page letter regarding the concerns, and he does not have any confidence that any further restrictions will be followed. He asked that the conditions ofthe business operations be returned to those that were in place when they opened. In response to an inquiry from Commissioner Sullivan, Mr. Convery confirmed that they can hear the music from the restaurant inside their house. Trudy Fabian, 4552 First Street, stated that she seconds some of the comments that have already been made. She noted that she has been into the restaurant and it was positioned originally as a family restaurant, but as the events have escalated, it is no longer that type of restaurant. She stated that she supports promoting a lively downtown, but questions the wisdom of having a "nightclub" situation when it escalates. She reported that she did call once when it was extremely loud and it was after midnight, and it was offensive. She stated that she feels they should discuss the concerns and reach a compromise. She further stated that she believes there is a sensible solution to the situation. She advised that she can hear the music inside her home and beat of the music is disturbing. She reported that the voice of the singing chef was audible. --- Dale Morris, 141 Ray Street, advised that he was the original applicant for the conditional use permit and he is still somewhat involved in the restaurant. He noted that the restaurant is in a commercially zoned area. He advised that the music he hears at his residence on Ray Street from the Pleasanton Hotel is twice as loud as the music at First Street and, in his opinion, plays later. He noted that a business has not succeeded in this location, and they are trying to make this business succeed. He reported that the music in the park concert season will begin very soon, and in addition to the music, the crowd lingers in the park once the music ends. He commented that the police officers have not found any violations. He advised that the location of the restaurant and its proximity to the neighborhood is difficult, but he feels they can work within this situation. Commissioner Roberts asked about the possibility of providing some type of sound baffling for the building. Mr. Morris noted one of the complaints may have come from the fact that when the music is playing a door is open to allow access. He stated that it may be possible to secure the door so that it is not accessible while the music is playing. He further stated that these are glass doors, and some type of covering may help to soften the noise of the music. He advised that on warm nights the windows adjacent to where the band was playing may have been opened them. He suggested that these windows be secured and these doors kept closed when the music is playing. Mr. Morris advised that the patrons can access the restaurant from the deck that faces First Street, as well as the door from the parking lot; therefore, it is not mandatory that they use the door on the First Street side, and it can be kept closed. Mr. Iserson cautioned that consideration must be given to the requirements of the Building Code which relate to fire exiting requirements. ~ May 22, 2002 Page 6 PLANNING COMMISSION MINUTES