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VARIANCES AND CONDITIONAL USE PERMITS - {Continued) <br /> <br />Councilman Patterson seconded Councilman Herrin's motion to receive <br />and file the following application: <br /> <br />CUP 71-31, GENE T. & PATRICIA M. MOFFETT - To serve <br />liquor in an existing restaurant within ~00! of residential <br />property in the C 1 District at 1106 S. Bristol Street; APPROVED. <br /> <br />Councilman Markel stated that it is legal to sell liquor in a legitimate <br />business; and that the people of the area know the restaurant is there and <br />that they will serve liqaor; that the Council had tried to establish a policy <br />for a long time and now they are reversing themselves. Councilman Evans <br />concurred, and Mayor Griset stated he would vote NO because it is within <br />300' of residential property. <br /> <br />Councilman Herrin stated that a rule has been established and many businesses <br />are abiding by the rules; that Staff has made a study as to whether or not <br />these people are abiding by the rules, and did not recommend denial; and that <br />the Planning C~nmission has studied the situation and approved the application. <br /> <br />Councilman Patterson stated that the restaurant is located at the southwest <br />corner of McFadden and Bristol in a large shopping center; that the reason <br />for establishment of the ordinance was to prohibit "topless/bottomless" beer <br />bars adjacent to residential units; that this is a family-type restaurant which <br />will be serving beer. <br /> <br />Motion to receive and file failed on the following roll call vote: <br /> <br />AYES: <br />NOES: <br />ABSENT: <br /> <br />Herrin, Patterson, Markel <br />Villa, Evans, Griset <br />Zamamoto <br /> <br />Councilman Patterson's motion, seconded by Councilman Evans to set the <br />matter for public hearing was carried on a 5-1 vote, Councilman Villa voting <br />NO. <br /> <br />Councilman Patterson seconded Councilman Herrin';S motion to receive and <br />file the following application: <br /> <br />CUP 71-32, PELLEY'S CHOW BELL RESTAURANT - To serve <br />liquor in a new restaurant within 300' of residential property in <br />the C 4 District at 1208 E. McFadden Avenue; APPROVED. <br /> <br />Motion failed on the following roll call vote: <br /> <br />AYES: Herrin, Patterson <br />NOES: Villa, Evans, Griset, Markel <br />ABSENT: Yamamoto <br /> <br />Councilman Herrin's motion, seconded by Councilman Patterson, to set <br />the matter for public hearing was carried on a 5-1 vote, Councilman Villa <br />voting NO. <br /> <br />CITY COUNCIL -402- December 6, 1971 <br /> <br /> <br />