Planning Commission Minutes 2007 07 12

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Planning Commission Meeting Minutes JULY 12, 2007 Page 8 of 13 1. There shall not be any live or taped music played on the patio at anytime. 11. Lighting should be limited to low wattage down-cast lighting place no higher than the top of the fence. This will alleviate any refuge light from spilling out of the patio area onto adjacent areas. 111. Employees shall park in existing long term parking areas, and not on the street or in 2-hour lots. IV. Fencing on site shall not exceed a height of 6 feet and shall be solid fencing to screen the outdoor use from adjacent uses. Commission Questions of Staff: Hartman inquired about smoking on the patio. McCartney stated there will be no smoking because of serving food. Dalton moved and Sheets seconded a motion to enter into public record the additional letters that were provided to the Commission prior the meeting (Letter from Sonja Sabels and Petition from David Kahn). Motion passed by voice vote. Loo inquired about the height of the walk-in cooler. McCartney stated she should ask the applicant. Loo asked if the gas grill for the patio was an approved feature. McCartney stated that the Fire Marshal had reviewed and discussed with the applicant and then gave approval. Applicant Presentation and Questions of Applicant: Louis Karp, 888 Racquet Ln, Boulder and Joshua Karp, 630 W. Sandbar Cr, Louisville are owners of the property. L. Karp stated the establishment is not a beer garden and their intention is to be good neighbors and a resident of Louisville. He discussed the improvements that have been made to the property. Outdoor seating is designed for 24-48 people while the inside capacity is 125 people. They would also consider a higher fence if the City would allow it. A dimmer switch has been installed for the lighting on the patio. He also stated that without the patio they estimate their revenue would be reduced by 25%. Loo asked if the business plan was based on the patio. L. Karp stated it was not. Pritchard asked if they had any problems with the conditions as presented by staff. L. Karp stated they do not. Members of the Public: Michael Patton, 727 Pine St. stated that the former businesses gave the neighbors an unpleasant experience and he hopes this one will not be a repeat. He stated that he felt the outdoor patio dining is inconsistent with the neighborhood by limiting the quiet life they currently experience. He questioned if the Commission was more interested in the business economics of the development instead of the interest and value of the neighbors. Sonja Sabels, 808 Lafarge, reviewed her letter to the Commission with the following topics: noise pollution and the state statues, second hand smoking, and decreased property value. She continued with a discussion of noise pollution within the neighborhood: Chase Bank, refrigerating unit, trash disposal and collection.