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STAFF RECOMMENDATION: <br /> <br /> Approve the conditional use permit by taking the following actions: <br /> <br /> 1. Make the Conditional Use Permit Findings as listed on pages 8-9 of the attached <br /> Planning Commission staff report; and <br /> <br /> 2. Adopt the draft resolution denying the appeal and, therefore, approving Case <br /> PCUP-129, subject to the conditions listed in Planning Commission Resolution No. <br /> PC-2004-69. <br /> <br />SUMMARY: <br /> <br />At issue is whether conditional use permit approval for alcohol sales past 10:00 p.m. for the <br />proposed Oddfellows British Pub and Restaurant should be granted. The Sauters have <br />expressed concerns over the hours of operation for the outdoor dining areas, limited late-night <br />food service, noise, parking, litter, and other alcohol-related issues. The Planning Commission <br />approved the use permit (3-1 vote), requiring the business to close at 12:00 midnight, Monday <br />through Thursday (the applicant had proposed 1:00 a.m. on these days) and requiring the eastern <br />outdoor dining area to close at 11:00 p.m., Monday through Thursday (the applicant had <br />proposed 1:00 a.m. on these days). The Commission also allowed the applicant to remain open <br />until 1:00 a.m. on New Year's Eve each year. The applicant is in agreement with the Planning <br />Commission's conditions of approval, including the modified hours of operation. As proposed <br />by the applicant and conditioned by the Planning Commission, staffbelieves that the use will be <br />compatible with the surrounding businesses and will not detrimentally affect the surrounding <br />uses or properties. <br /> <br />Honorable Mayor and Members of the City Council: <br /> <br />BACKGROUND <br /> <br />An application for a conditional use permit to allow alcohol to be served after 10:00 p.m. for the <br />Oddfellows British Pub and Restaurant was approved by the Planning Commission at a public <br />hearing held on December 8, 2004. This action was subsequently appealed by Karl and Brenda <br />Sauter, 418 St. Mary Street, and the appeal is currently before the City Council for review. <br /> <br />PROJECT DESCRIPTION <br /> <br />The applicant's restaurant/bar would occupy the entire first floor tenant space of the building. <br />The restaurant would serve lunch and dinner and would primarily feature British dishes. A <br />variety of beer, wine, and spirits would be served. As conditioned by the Planning Commission, <br />the restaurant would be open from 11:30 a.m. to 12:00 midnight, Monday through Thursday; <br /> <br />SR:05:023 <br />Page 2 <br /> <br /> <br />