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The subject property does not contain any on-site parking spaces, however, a 72-space, City- <br />owned public parking lot is located immediately to the rear of the proposed establishment. The <br />subject property was one of several properties on the block bounded by Peters Avenue, St. Mary <br />Street, Main Street, and Division Street that participated in the 1974 parking assessment district <br />that established this parking lot by contributing land and/or money. Staff believes that the <br />adjacent public parking lot and nearby on-street parking would provide adequate parking for the <br />proposed use. Additionally, the proposed conditional use permit to serve alcohol from 10:00 <br />p.m. to 1:00 a.m. would occur when parking demand Downtown is reduced since most retail <br />establishments are closed. <br /> <br />Staff acknowledges that there is a potential that the residents on St. Mary and Division Streets <br />and west of Peters Avenue could be disturbed by late-night patrons parking in the public on- <br />street parking spaces in front of their residences, particularly if the patrons were disorderly or <br />loud. Therefore, as stated above, staff had recommended, and the Commission approved, a <br />condition that requires the applicant to encourage her patrons via flyers or small signs in the <br />interior of the establishment to not utilize the on-street parking spaces in the residential area <br />west of Peters Avenue after 10:00 p.m. Staff believes that there would be adequate on-street <br />parking along or east of Peters Avenue to accommodate any late-night parking that couldn't be <br />accommodated by the public parking lot, reducing the likelihood of patrons parking west of <br />Peters Avenue. <br /> <br />Fire Hazard <br /> <br />The Sauters believe that smoking on the second floor balcony would be a fire hazard. As noted <br />above, the applicant would not use the second floor balcony that would be constructed with the <br />building addition/remodel. In addition, the Municipal Code does not allow smoking in outdoor <br />dining areas. <br /> <br />Litter <br /> <br />The Sauters have expressed concern with litter and defecation problems that they have <br />experienced with Downtown events. Staff believes that the conditions of approval would ensure <br />that the surrounding uses are not impacted by this use due to litter and similar problems. For <br />example, a condition requires the applicant to maintain the area surrounding the restaurant/bar, <br />outdoor dining areas, and public parking lot in a clean and orderly manner at all times. In <br />addition, staff notes that the applicant's patrons could not remove open alcoholic beverage <br />containers (if/when used) from the property. <br /> <br />Prior Application <br /> <br />The applicant received conditional use permit approval (3-2 vote) in September 2003 to locate <br />on the first floor of 780 Main Street (former Coffee Roast Express). However, the applicant was <br />unable to finalize a lease with the property owner. As requested by Commissioner Fox, staff has <br /> <br />SR:05:023 <br />Page 6 <br /> <br /> <br />