SR 05:093 - Laserfiche WebLink

STAFF RECOMMENDATION: Staff recommends Council deny the appeals, thus upholding the existing use permit and the conditions of approval adopted by the Planning Commission as modified, by taking the following actions: 1. Make the conditional use permit findings as listed on page nine of the attached Planning Commission staffrepon; and 2. Adopt the draft resolution denying the appeals, thereby upholding UP-88-17, subject to the modified conditions as shown on Exhibit A. SUMMARY: At issue is whether the existing conditional use permit at 725 Main Street for a restaurant/bar serving alcohol past 10:00 pm should be retained, whether the modified conditions of approval approved by the Planning Commission should be upheld, or if some of the modified conditions added by the Commission should be changed or eliminated. Appellant Roy Motet, a neighboring property owner, has expressed concern that the financial losses and disturbing experiences he and his tenants have experienced would continue should a restaurant/bar continue to serve alcohol past 10:00 pm. Mr. Motet requests the permit be revoked. Appellants Dan Straface, and Mike and Linda Periclakes expressed concern that some of the modified conditions are unreasonable and inequitable. The Planning Commission unanimously approved the modified use permit with additions to the original conditions of approval. Staff believes that a restaurant/bar employing the use permit, as conditioned, will be compatible with the surrounding businesses and will not detrimentally affect the surrounding uses or properties. Staff also believes that the modified conditions of approval are neither inequitable nor unreasonable, but give the Downtown community a level of assurance against property damage and other nuisances resulting from the restaurant/bar. Honorable Mayor and Members of the City Council: BACKGROUND The Planning Commission requested that staff bring forward the conditional use permit for 725 Main Street/Union Jack Pub (UP-88-17) at a public hearing to review and consider its possible modification or revocation. At a public hearing held on February 23, 2005, the Planning Commission amended the use permit to include several additional conditions of approval. Roy Motet, the property owner of 739 Main Street, subsequently appealed this action, as did Dan Straface, and Emmanuel and Linda Periclakes, the property manager and property owners, respectively, of 725 Main Street. SR:05:093 Page 2