PC 111302 - Laserfiche WebLink

r THE PUBLIC HEARING WAS CLOSED. Commissioner Harvey moved to make PUD findings as listed in the staff report and to recommend approval of Case PUD-19 to the City Council, subject to the conditions of approval listed in Exhibit "B" of the staff report. Commissioner Roberts seconded the motion. ROLL CALL VOTE AYES: NOES: ABSTAIN: ABSENT: Commissioners Arkin, Kameny, Maas, Roberts, and Sullivan None None None Resolution No. PC-2002-71 was entered and adopted as motioned. d. Consideration of possible modification to or revocation of a conditional use permit (PCUP-36. Toby's Bar and Grill) for alcoholic beverae:e service after 10:00 p.m. at Toby's Bar and Grill located at 30 W. Neal Street. Suite 110. Zoning for the property is PUD - C-O (Planned Unit Development - Commercial-Office) District. r- Mr. Iserson presented the staff report. He stated that this item was continued from the May 22, 2002 Commission meeting and is being brought back for consideration of a modification or revocation of the conditional use permit for Toby's Bar and Grill. He indicated that the conditional use permit for Toby's was originally approved by the Commission on September 2001 and that a neighbor had expressed concern at that time regarding the noise that would be generated. He continued that the Commission consequently conditioned the use of the outdoor patio; however, staff received continuing complaints from neighbors on First Street soon thereafter. Mr. Iserson stated that at the May 22 meeting, the Commission primarily addressed the noise issue and, subsequently, conformity with the original conditional use permit. He noted that the Commission proposed an informal process of holding neighborhood meetings with the business owner, the building owner, staff, and a Commission representative to try and work out a reasonable compromise. He added that the group met over the summer, with Commissioner Roberts representing the Commission and stafffrom Planning and Building Inspection. Mr. Iserson stated that the first meeting in June focused on the noise generated by the live band on weekends, with the neighbors proposing that live music end at 10:00 p.m. and the restaurant manager indicating that it was necessary to have live music until midnight for the business to remain open and competitive. Mr. Iserson stated that staff proposed that noise mitigation measures be taken so as to allow the business to remain open with live music while affording the neighbors some peace and quiet. ,~ Mr. Iserson noted that a second issue considered was the neighbors' comment that the restaurant was operating outside the use permit that the original owners had proposed of duets and light PLANNING COMMISSION MINUTES November 13,2002 Page 9