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Having the business open until 1 a.m. may have an impact on noise associated with patrons leaving the restaurant in the morning hours; however, with the proposed conditions outlined in the staff report and resolution, staff does not believe that the proposed use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. The hours of operation and proposed conditions are similar to those for the Village Pub and Applebee’s, which is also within 250 feet of a residential structure or zoning district. Criterion met. 4. The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. Having a variety of dining options within a community is a convenience that serves the entire community and surrounding area. Having dining options that include establishments with a liquor license is an added benefit to the community when certain criteria are met. Additionally, the space is currently vacant and therefore the property is underutilized. Adding a restaurant business will fill the space and add some vibrancy to the area. Criterion met. CONCLUSIONS The Property has been utilized as a restaurant in the past and has been in close proximity to adjacent residential uses. A CUP was previously approved in 2010 to allow for a restaurant within 250 feet of a residential structure or district. All conditions from the previous CUP will remain in full effect. The requested CUP is necessary because the restaurant tenant wishes to obtain a liquor license for their restaurant. A primary concern with this type of use in close proximity to a residential area is noise. City Code allows for restaurants to be open until 1 a.m. Although noise may potentially be an issue for restaurant patrons leaving the restaurant late at night, there will be no outdoor seating or activities allowed with the issuance of this CUP. If outdoor seating or activities were desired in the future, the Applicant would need to amend the existing CUP. With the conditions from the previous CUP and those outlined with this CUP, staff does not believe that the proposed use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. Staff believes that the proposed use will provide a benefit to the community by providing another dining option in the community within a building that is currently vacant. RECOMMENDED ACTION 1. Motion to Adopt Resolution Approving the Conditional Use Permit. The City Council may refer to Exhibit C and may modify the draft resolution for approval to include any conditions that it deems necessary. 2. Motion to deny the Conditional Use Permit. In the event the City Council chooses denial of the requested CUP, it should clearly state its reasons for the denial recommendation and direct staff to prepare a resolution. ATTACHMENTS Exhibit A: Location map Exhibit B: Application and Supporting Material Exhibit C: Draft Resolution of Approval 46