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".- Chairperson Maas asked Ms. Chadsey what she sees the future of her business to be and if she had considered that her business could flourish without a band because she could capitalize on the great food she served by concentrating on advertising. She commented that Toby's is practically the only building in the City that has a nice outdoor seating area where one can sit and enjoy the outdoors without inhaling any fumes. Ms. Chadsey replied that she could not say what her future might be because her business is struggling along at this point in time. She stated that Chairperson Maas had a valid point about advertising but she could not afford that at this time. She pointed out that she was filling a need for her 30- to 40-year old regulars who like to hang out after dinner and enjoy the nice atmosphere. Chairperson Maas indicated that she is having difficulty because the staff report makes sense. She noted that the self-closing mechanism was first mentioned in June and when she visited the bar in September, it had not been implemented. She pointed out that she was not one to put restrictions on a business but that she could not see any urgency on the part of the owner to do something to resolve the situation. Commissioner Roberts noted that the installation of a self-closing device was recommended at the neighborhood meeting in September. She asked Ms. Chadsey when it was actually installed. Ms. Chadsey replied that it was installed this week after she read the staff report. - Commissioner Roberts inquired how often the patio was used after 10:00 p.m. on Fridays and Saturdays. Ms. Chadsey replied that there usually is no one in the patio after 10:00 p.m., except perhaps for a lingering couple or two, because everyone comes in to listen to the band. She stated that the patio is not closed at lunchtime and that dinner is not served there. Commissioner Sullivan asked Ms. Chadsey what her thought were about installing portable acoustic panels as presented in Option No.3. Ms. Chadsey replied that she was not opposed to it but that as a struggling business, she does not have $5,000 at this time. She reiterated that Mr. Hobbie had mentioned that these panels might not even be helpful. Commissioner Sedlak commented that there might not be much that can be done with the building because it cannot be remodeled, the walls are not insulated, the roof is empty, and the ceiling is very high. He indicated that there are some resources around town which might be more economical to use and offered to work with the applicant with respect to some of the acoustical issues. He asked Ms. Chadsey what her goals were and where she wanted to see herself and her business. Ms. Chadsey replied that her goal is to stay in business. She stated that she was happy with her customer base and with the way things are. She added that the bands are aware that she monitors the sound and that turning down music has been addressed, which caused some of the bands to leave. -- PLANNING COMMISSION MINUTES November 13,2002 Page 13