SR 05:023 - Laserfiche WebLink

p.m., that the building walls be modified, as necessary, to comply with the City's noise regulations, that the applicant maintain the area surrounding the restaurant/bar in a clean and orderly manner at all times, and that the applicant monitor the area outside of the business to ensure peace and quiet. A condition also requires that the subject use permit be reviewed by the Planning Director in six months to determine if the business is operating in a non-nuisance manner. If necessary, the application could be brought back to the Planning Commission for additional conditions to mitigate and/or prevent any nuisances that were identified. The attached Planning Commission staff report provides a detailed description and discussion of the proposed application, including land use, hours of operation, noise, and parking. This report includes supplemental discussion regarding the issues raised in the Sauters' letter of appeal and a request by Commissioner Fox to include information regarding the applicant's previous application for a conditional use permit at a different location. Food Service The Sauters have expressed concern that only limited food service would be provided after 10:00 p.m., which would allow patrons to mainly purchase alcohol after 10:00 p.m. Staff believes that alcoholic beverages could primarily be purchased after 10:00 p.m., similar to other restaurants with bars, regardless if a limited or full menu were provided. Staff does not necessarily believe that this is a problem as long as patrons drink responsibly and are courteous and quiet when leaving the business and parking areas. Nevertheless, in order to provide patrons with menu options other than alcoholic beverages, the City has been including a "standard" condition of approval for bar use permits which requires that at least a limited food menu be available until closing. The applicant has agreed to provide limited food service until closing and a condition of approval was included to address this item. Hours of Operation The Sauters have expressed concern that alcohol would be served in the elevated rear patio until 10:00 p.m. Sunday through Thursday and until 1:00 a.m. on Friday and Saturday nights. In addition, the appellants are requesting that the second floor balcony close at 10:00 p.m. To reduce potential noise impacts on the residences to the west, the Commission conditioned that the elevated rear patio close at 9:45 p.m. daily. In addition, the applicant's tenant space is on the first floor of the building and the applicant would not use the small second floor balcony that will be constructed on the eastern side of the building as part of the previously approved building addition/remodel. The applicant would utilize a ground-floor outdoor dining area on the eastern side of the building. The Commission required that the eastern outdoor dining area close at 11:00 p.m., Sunday through Thursday, and 1:00 a.m. on Fridays and Saturdays. Since the outdoor dining area on the east side of the building would be separated from the adjacent residences to the west by the two-story building, staff feels that the side dining area could operate later without adversely impacting the adjacent residential neighbors. In addition, late night use of the outdoor dining areas would most likely be limited to summer months, when the SR:05:023 Page 4