75B - VARIANCE NO 2004-09 - 215 NORTH BROADWAY

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Modification to Variance No. 2004-09 December 14, 2009 Page 3 calls included a variety of incidences ranging from drunk in public, fighting, stabbing and shooting. During these calls for service it was observed that the bar facility was not operating within the boundaries of the conditions of approval. Staff brought these matters to the attention of Mr. Reuter and Mr. Mendes approximately six months ago and since then the operation has not had calls for service. The Police Department has reviewed the application for police-related concerns. The bar is located within an area of the City considered above average in police-related incidents. The area is located in Reporting District No. 165, which ranks 10th out of 102 citywide districts in total number of police-related incidents, which is not unusual for a high- activity area such as the Artists Village. In order to minimize the potential impacts associated with late hours and alcoholic beverage sales at this location, the Police Department recommended conditional approval of the project in 2004. These conditions are intended to mitigate any problems that may negatively affect the adjacent neighborhood and surrounding area that may result from the bar operations. Based on the time that has passed since the last Zoning Administrator hearing, staff has had an opportunity to further analyze the applicant's request. The following provides a brief analysis of each condition's modification request: Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4:00 p.m. and 2:00 a.m., daily. Currently, Variance No. 2004-09 allows the bar to operate from 4:00 p.m. to 2:00 a.m. seven days a week. Those hours are consistent with the hours requested by the original applicant in 2004. The current owners of the bar have requested a start time of 6:00 a.m. to accommodate potential special events. The earlier than normal start time is concerning to staff based on the potential negative effects stemming from the early start and are recommending an amendment to allow the hours of operation from 11:00 a.m. to 2:00 a.m. No sales or consumption of alcoholic beverages shall take place outside. The applicant is requesting the use of the public alley behind the building for use as an outdoor area. While outdoor dining areas are commonplace within the downtown setting, outdoor liquor service in the absence of a food menu is not. This request creates two issues of major concern. 75B-5