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included a copy of the September 10, 2003, Planffmg Commission staff report, minutes, and <br />final Planning Commission conditions of approval for the applicant's prior conditional use <br />permit application (Case No. PCUP-92). Staff notes that the applicant's prior proposal differed <br />slightly from the current application (e.g., size, hours of operation, live bands/DJ music and <br />dancing, parking, etc.). <br /> <br />The nearest residences to the 780 Main Street property are located at 340/374 Ray Street, <br />directly abutting the 780 Main Street property. Additional residences are located further east on <br />Ray Street and Walnut Drive. Several residents, including one of residents directly abutting the <br />site, and a Downtown business owner had contacted staff with concerns regarding the proposed <br />use at 780 Main Street and its hours of operation. With the previous application, staff had <br />discouraged the applicant's use of live bands/DJ music due to the close proximity to residences. <br />In that case, the applicant responded by not including live bands/DJ music or dancing as part of <br />her proposal. With the current application, the nearest residence, 377 St. Mary Street, is located <br />a minimum of 130 feet away on the opposite side of St. Mary Street. This residence is <br />commercially zoned and was granted approval last year to be converted to an office, although <br />staff believes that it is still being used as a residence. Additional residences are located in the <br />residentially zoned area west of Peters Avenue, a minimum of 225 ft. away. Staff believes that <br />the St. Mary Street location provides an adequate buffer from the adjacent residences to support <br />the applicant's request for live bands/DJ music, as conditioned. The applicant has stated that <br />live bands/DJ music is essential to make the business profitable at the subject location, as there <br />are more up-front costs for the current space compared to the 780 Main Street property. For <br />instance, the applicant will have to install all of the interior improvements at the 336 St. Mary <br />Street property, including flooring, interior walls, and a new kitchen, whereas the flooring, <br />interior walls, and some of the kitchen equipment had already been installed at 780 Main Street. <br /> <br />The approved hours of operation for the 780 Main St. location were 7:00 a.m. to 1:00 a.m., <br />Monday through Saturday, and 8:00 a.m. to midnight on Sundays. The outdoor dining on the <br />south side of the building was required to close at 10:00 p.m. due to its proximity to the adjacent <br />residences. Dissenting Commissioners felt that the business should close earlier due to its <br />proximity to the residential properties. <br /> <br />Regarding parking, staff believes that parking for the current application is an improvement over <br />the prior application. The 780 Main Street property has a 20-space parking lot that is shared <br />with the upstairs office tenants. Staff believed that the 20-space lot would not provide adequate <br />parking for the proposed use and felt that additional parking should be provided for the use due <br />to the potential impacts on the surrounding residences if patrons were to park late at night on <br />Ray Street or Walnut Drive. <br /> <br />With the current application, staffbelieves that the 72-space public parking lot provides an ideal <br />location for employees and customers to park with minimal impacts on the surrounding <br />residences. As noted above, the subject property was one of several properties in this block that <br />created this parking lot. Although the parking lot is used by the public, staff believes that the <br /> <br />SR:05:023 <br />Page 7 <br /> <br /> <br />