04/27/1998 - Laserfiche WebLink

Home Browse Search

PUBLIC HEARINGS PUBLIC HEARINGS Filed by Mr. John Coil to appeal the Zoning Administrator's decision upholding a condition prohibiting live entertainment in conjunction with a Type 41 Alcoholic Beverage Control License at the Green Parrot Cafe located at 2035 North Main Street in the Community Commercial and Museum District (Cl-MD) zoning district. LEGALLY NOTICID: April 12, 1998 PUBLICLY NOTICED: April 13, 1998 RECOMMENDATION: Adopt a resotution approving Conditional Use Permit No. 98-OS as conditioned. Mr. Thomas Childress, Associate Planner, provided an overview of the project and staff recommendation. In addition, Mr. Childress noted that the staff report stated that the restaurant was located in an average crime azea in the City but it should read it was above average in crime. Mc Adams informed the Commission that the applicant had requested at the Zoning Administrator's hearing to remove Police Department condition number five, which prohibited live entertainment and public dancing at the restaurant. He as the Zoning Administrator approved the conditional use permit as conditioned and forwazded the matter to the Commission for appeal of that condition of approval. Ms. Yolanda Pena, Police Department, informed the Commission that the request for a disc jockey was purposely excluded due to the noise intruding into the residential neighborhood. In addition, the Police Department had concerns regazding public members attending functions uninvited; disc jockeys encouraging flyer parties; and the long term affects that could occur to the surrounding community. Mr. Gene Andres, applicant, requested approval of the project and indicated that it was difficult to estimate what type of music would be played at the restaurant. In addition, he stated that the purpose of the music was to contribute to the ambiance of the restaurant. ROLL CALL ~.~ P m PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES 1. APPEAL OF ZONING ADMINISTRATOR'S DECISION NO 98-01 Mr. John Coil, applicant, provided an overview of the restaurant and indicated that he would like to have music on occasion, especially for weddings and receptions. In addition, he stated that he did not want to become a nuisance to the neighborhood but wanted the restaurant to be an asset in the community. Commissioner Solorio asked if staff was purposely recommending denial of the request for a disc jockey. Commissioner Doughty asked staff what was the allowable decibels for entertainment. Mr. Mike McCoy, Police Department, indicated that per code, 55 decibels was allowable during the day and 50 decibels were allowed at night. There were no public comments. Motion to approve Conditional Use Permit No. 98-OS with the deletion of Police DepaRment condition number five and the addition that live entertainment would be permitted not to exceed the 50-55 decibels. MOTION: Doughty SECOND: Cribb Substitute motion to approve Conditional Use Permit No. 98-OS with the deletion of Police DepaRment condition number five and the addition that live entertainment and public dancing would be permitted ancillary to the original cafe use. MOTION: Doughty SECOND: Cribb PLANNING COMMISSION MINUTES APRIL 27, 1998