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Resolution No. RC-88-75 was entered and adopted recommending <br />approval of Case UP-99-~5 as motioned. <br />UP-_86-211_Crean~eC <br />Application for a conditional use permit to operate a take-out <br />food establishment and to serve alcoholic beverages after 10pm <br />on the premises to be located at 5424 Sunol Boulevard. Zoning <br />for the property is C-N (Neighborhood Commercial) District. <br />Mr. Swift presented the report recommending approval of Case <br />UP-99-22 subject to the conditions of the staff report. He <br />called the Commissioners` attention to a letter from Mr. and <br />Mrs. Daley in opposition to the proposed project. <br />The public hearing was opened. <br />Paul Creamer, 1900 Castlewood Drive, stated he has reviewed the <br />staff report and concurs with all the conditions. <br />Chris Wagner, 29~ Tomas Way, stated that he has concerns about <br />alcoholic beverages being served after lOpm. He felt this was <br />not appropriate in such close proximity to a residential area. <br />He expressed concern for children's safety regarding people who <br />would frequent the store. He stated that when the complex first <br />came up for proposal he understood there were to be no stores <br />who stayed open past 10pm. He felt that had since changed and <br />was very opposed to this. He felt the residents suffered <br />because of this and did not think the establishment needed the <br />additional time. <br />Commissioner Tarver asked Mr. Swift what the original proposal <br />for the complex. said. Mr. Swift said he could not recall <br />exactly and would have to check the files. <br />Commissioner Berger asked the applicant if the building has <br />cable as she did not wish to go through a request for a satelite <br />dish again. The applicant said it has cable. <br />R lady in the audience asked if they plan to go back to the <br />original plan regarding hours or were they now allowed to stay <br />open until midnight. She expressed opposition to the midnight <br />hour. <br />Chairman Michelotti asked Mr. Swift the best way to handle this. <br />Mr. Swift suggested continuing it for two weeks. Mr. Creamer <br />said he would really like some kind of answer tonight so he <br />could go ahead with his plans. <br />Chris Wagner had the staff report from the previous meeting <br />which showed the closing time to be lOpm. <br />Chairman Michelotti requested that staff member, Chandler Lee, <br />research the files while moving on to the next case. <br />Chairman Michelotti reopened Case UP-98-21. <br />Page 10 <br />