pages: PlanningBoard/2021-07-12.pdf, 2
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PlanningBoard | 2021-07-12 | 2 | Board Member Rona Rothenberg asked about the revocation terms, she wanted clarification on what complaints meant, was it something generalized or associated with specific conditions of approval. Director Thomas explained the role of the Use Permit, it established a set of ground rules for the operation of the business for the patio and the backyard area. There will need to be a good-faith effort by all parties to make this work. If staff received 3 complaints that they could verify, then a Use Permit could be revoked. He explained that if that happened the city staff could schedule a public hearing and recommend a Use Permit be revoked. They had tried to be very clear and specific about what the expectations were. Board Member Ron Curtis asked about a similar Use Permit issue with Spinning Bones and that parameters had been added for the use of that outdoor space based on the hours of operation. He wanted to know if staff had looked into that Use Permit to use as a benchmark for this issue since it set a precedent. Director Thomas said they had looked at that Use Permit but it was a very different use. One was a restaurant and the other was just a bar. They had considered it but instead created custom conditions for this. Every Use Permit was different as every business was different. Board Member Hom asked what had been the hours for outdoor use at Spinning Bones. Staff Member Tai said it was 11 am to 3 pm. Board Member Hom asked if there was a maximum occupancy for the outdoor area. Director Thomas said after some discussion they had shied away from putting a number as a condition of approval. Mainly because that would be a hard thing to monitor. The board could add that if they wished. The staff believed this obligation fell on the manager and owner of the bar. Board Member Hom saw how that would be difficult for the staff to enforce. He then asked for the rationale behind having different time limits on the two outdoor areas. Director Thomas explained the difference between the two outdoor areas, both were different in size and one was closer to neighbors. They had chosen to be more restrictive of the lawn area than the patio area. This was part of the compromise that would hopefully minimize future epacts. Board Member Hom asked how far away the edge of the patio from the property line was. Director Thomas said roughly it was about 15 feet. Board Member Xiomara Cisneros asked if Spinning Bones had received any complaints. She also wanted to know more about the distance to residential neighbors and about the decision to have Saturday and Sunday availability for the lawn. She thought that Sunday night might be more disruptive to people getting ready for the workweek. Approved Planning Board Minutes Page 2 of 18 July 12, 2021 | PlanningBoard/2021-07-12.pdf |