PC 111302 - Laserfiche WebLink

r- condition that the use permit could be voided should Toby's leave and a new business would start again is not legally correct and should not be considered by the Commission. 3. Modify the use permit and conditions of approval to indicate that amplified live music on weekends cannot occur until either the business or property owner takes steps to mitigate the noise to a level tolerable to the neighborhood. This would be the most appropriate and has the most merit. 4. Revoke the use permit. This does not really address the issue of live entertainment since the use permit was for alcoholic beverage service after 10:00 p.m. Mr. Iserson concluded by recommending that the Commission modify the use permit by following Option No.3. Commissioner Roberts clarified that the acoustical consultant would be hired by the owners and not by the City. She then asked Mr. Davis when he found the self-closing device in place. Mr. Davis stated that after the suggestion was made at the September 16 meeting, he inspected the facility on October 4 and found that the device had not been installed. He added that he had not inspected again until today and concluded that the mechanism was installed between October 4 and today. ,"- Commissioner Arkin asked what financial costs the acoustical consultant and the panels would entail. Mr. Iserson replied that it would cost anywhere between $2,500 and $5,000; however, this was only a general estimate. Commissioner Sullivan inquired if the panels would be installed around the whole building or just around the band. Mr. Iserson replied that they would be placed in strategic areas inside the building such as along the windows and the door facing First Street. He added that it would probably also involve a platform that could isolate and absorb the noise as well as possibly improve the quality of the sound. Commissioner Sullivan further asked if any kind of analysis had been done on whether the panels would reduce the noise to a level that would satisfy the neighbors, and what would happen next if the installed panels do not solve the issue. Mr. Iserson replied that only the approach was identified; no analysis was made. He added that one of the Building Inspectors, Mr. Rik Hobbie, who has a background and technical knowledge of music and sound, indicated that this was a promising approach. Mr. Iserson stated that the next step would be to have the acoustical consultant come in and recommend specific steps that need to be done that would mitigate the noise. Commissioner Sullivan asked if this condition was performance-based since the business would have to demonstrate that the noise is reduced before it can operate live music. Mr. Iserson said yes and added that if the initial steps do not reduce the noise, then something else would have to be added until an acceptable noise level is attained. - PLANNING COMMISSION MINUTES November 13, 2002 Page 11