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RESC>LUTION NO. 42 SERIES 2008 RESOLUTION NO., SERIES 2008 APPROVING A SPECIAL REVIEW USE (SRU) TO INCREASE THE DINING HOURS OF THE OUTSIDE PATIO OF 809 (MAIN STREET. WHEREAS, there has been submitted to the Louisville City Council, a request to amend the existing Special Reviewr Use (SRU) to increase the dining hours of the outside patio of 809 Main Street; and WHEREAS, all materials relatf:d to the SRU have been reviewed by City Staff and the Planning Commission and found, to be in compliance with the Louisville zoning ordinances, related policies ar~d previous approvals; and WHEREAS, after a duly noticed public hearing concerning said SRU on August 14, 2008, where evidence and testimony were entered into the public record, including the staff report dated August 14, 2008, the Planning Commission recommended approval to the City Council, with the following condition: 1. Hours of operation for the outdoor patio shall be limited to 12:00 midnight Friday and Saturday and 11:0() p.m. Sunday through Thursday. 2. The Special Review Use is grainted to the applicant only; 3. The applicant shall provide a noise mitigation measure to further filter any arrant noise. 4. All conditions listed under Resolution 38, Series 2007 shall be carried over to this application. WHEREAS, City Council has reviewed the application, including the recommendation of the Planning Commission and finds that the revised documents are in full compliance with the conditions of the Planning Commission and that the application should be approved, with the following conditions: 1. Hours of operation for the outdoor patio shall be limited to 12:00 midnight Friday and Saturday and 11:0() p.m. Sunday through Thursday. 2. The Special Review Use is granted to the applicant only. 3. All conditions listed under Resolution 38, Series 2007 shall be carried over to this application. a. There shall not be any live or taped music played on the patio at anytime. b. Lighting should be IimitE~d to low wattage down-cast lighting placed no higher than the top of tree fence. This will alleviate any refuge light from spilling out of the patio area onto adjacent areas. c. Employees shall park ins existing long term parking areas, and not on the street or in 2- hour Dots. d. Fencing on site shall not exceed a height of 6 feet and shall be solid fencing to screen the outdoor use from adjacent uses.