City Council Minutes 2008 09 02 - Laserfiche WebLink

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City Council Meeting Minutes September 2, 2008 Page 8 of 13 associated with the patio use. The hours of use for the patio were capped at 10 p.m. on Friday and Saturday, and 9 p.m. Sunday through Thursday. Since the approval, the City has not received <~ny complaints regarding noise. The applicant has maintained compliance with the conditions of the SRU and is now is seeking to expand the hours of the patio stating his customers enjoy the outdoor setting and would prefer to E:at outside later than 10:00 p.m. The Planning Commission acknowledged the outdoor seating is an attribute contributing to the restaurant's success. The Planning Commission held a public hearing on August 14, 2008 and forwarded a resolution of support with the following four conditions: 1. Hours of operation for the outdoor patio shall be limited to 12:00 midnight Friday and Saturday and 11:00 p.m. Sunday through Thursday. 2. The Special Review Use is granted 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 No. 38, Series 2007 shall be carried over to this application. Mayor Sisk requested public comment. There were no comments COUNCIL COMMENTS Mayor Sisk asked if Mr. Karp agreed to all the conditions. Mr. Karp replied yes. Councilor Hank Dalton asked why the Planning Commission recommended noise mitigation. Planning Director Wood stated there were public comments concerning the potential for noise levels in the later hours. Councilor Muckle referenced a resident email relative to noise after midnight and asked if the Planning Commission recommendation was in response to the email. Planning Director Wood stated it was a combination of the homeowners' concern and considering the reasonable hours of meal service after midnight. Councilor Muckle asked what the noise mitigation measures would be. Mr. Karp stated they would use canvas roll-up walls. Councilor Yarnell congratulated Mr. Karp for the success of his restaurant. She supported the Planning Commission's recommendations. Councilors voiced their concern over the third condition. City Attorney Light suggested an amendment requiring the submittal of a noise mitigation plan for Staff review. Planning Director Wooci explained there is not a standard criteria for the condition.