31B - CUP - WURST HAUS - 305 E FOURTH ST

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2013 -47 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013 -48 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE WURST HAUS RESTAURANT LOCATED AT 305 EAST FOURTH STREET, SUITE 106 - GREENTREE INVESTMENTS, INC., APPLICANT CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Iyl��llL�lY�;7 Receive and file the staff report approving Conditional Use Permit No. 2013 -47 as conditioned and Conditional Use Permit No. 2013 -48 as conditioned. PLANNING COMMISSION ACTION On January 13, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -47 as conditioned to allow for after hours operation and Conditional Use Permit No. 2013 -48 as conditioned to allow a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption by a vote of 6:0 (Alderete absent) at the Wurst Haus restaurant located at 305 East Fourth Street, Unit 106 in the Transit Zone - Downtown (SD84) zoning district (Exhibit A). The Planning Commission added a condition limiting operational hours to 1:00 a.m. to 4:00 a.m. Additionally, the Planning Commission changed condition number 26 of CUP No. 2013 -48 to read, "Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers." DISCUSSION The Wurst Haus will offer counter service that will feature an indoor dining area. The restaurant will be located on the first floor of an existing building at 305 East Fourth Street. The approval of these CUPS would allow for the sale and service of beer and wine in conjunction with food sales, and extension of the hours of operation until 4:00 a.m. 31 B -1