Planning Commission Minutes 2008 08 14

Home Browse Search

Planning Commission Meeting Minutes August 14, 2008 Page 5 of 11 Loa moved and Pritchard seconded a motion to enter into public record the letter mentioned by Loa. Motion passed unanimously by voice vote. Lipton requested a discussion by the City Attorney regarding the recent City of Boulder ruling regarding the recent court case of Thunderbird Burgers and if that ruling would have an effect of the discussion and potential decision by the Planning Commission of the Waterloo Icehouse hearing. Light reviewed the history of the business, Thunderbird Burgers, and the recent court hearing. He also stated the ruling should not effect how the City of Louisville handles the request from Waterloo Icehouse as their patio was established through a special review use. Staff Report of Facts and Issues: Wood reviewed the request with the following information: . A request for an amendment to an existing special review use to increase the hours of operation on the existing patio from 10:00 p.m. to 2:00 a.m. . Current hours of operation were established on the original SRU approved by City Council on August 7,2007 with a 9:00 p.m. closing of the patio on Sunday through Thursday and 10:00 p.m. Friday through Saturday. . . Staff has not received any complaints regarding noise during those hours of operation. . Staff recommends the applicant be allowed to extend the hours of the outdoor patio from 10:00 p.m. to 12:00 midnight on Friday and Saturday, and 11 :00 p.m. Sunday through Thursday per the Louisville Municipal Code 9.34(B)(2). . The applicant has maintained compliance with the other conditions addressed in Resolution No. 38, Series 2007. The conditions were as follows: 1) Hours of operation for the outdoor patio shall be limited to 9 PM Sunday through Thursday, and 10 PM Friday through Saturday. 2) There shall not be any live or taped music played on the patio at anytime. 3) Lighting should be limited to low wattage down-cast lighting placed no higher than the top of the fence. This will alleviate any refuge light from spilling out of the patio area onto adjacent areas. 4) Employees shall park in existing long term parking areas, and no the street or in 2-hour lots. 5) Fencing on site shall not exceed a height of 6 feet and shall be solid fencing to screen the outdoor use from adjacent uses. 6) The applicant must show how trash and recycling dumpsters will be accommodated on the property. Wood stated staff is in support of the request with the following 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 existing parking lot in the rear of the patio shall be cleared of all storage and re-opened for employee parking. 3) The Special Review Use is granted to the applicant only. Staff is also recommending that Conditions # 2, 3, 4, 5 and 6 from Resolution No. 38, Series 2007 be carried forward to the new Resolution No. 14, Series 2008.