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CONSIDERATIONS RELATING TO THE REQUEST 1. Background The Applicant proposes an intensification of the existing sit down restaurant business located at 2510 Kenzie Terrace. The Property is located immediately adjacent to a residentially zoned district, with the building located approximately 120 feet from the bordering property line. The request is to allow for the sale of alcoholic beverages on the premises. The restaurant operation is requesting the following business hours: • 6:00am – 10:00pm Sunday through Thursday • 6:00am – 11:00pm Friday and Saturday This represents a reduction in the late night hours from the original Busters’ proposal and approved Conditional Use Permit of 11:00 p.m. on weeknights and 1:00 a.m. on weekends. The applicant is not requesting any outdoor seating, forms of entertainment, or any other changes to the business operations of the restaurant. The property has an existing CUP formerly utilized by the restaurant “Busters” for the operation of a restaurant located less than 250 feet from a residential structure or district and a variance from the parking requirements. 2. Applicable Codes Relating to Conditional Uses. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES (WITHIN THE C DISTRICT) (L) states that “Establishments primarily for the sale of beverages for consumption on the premises” is permitted in the C District only by conditional use permit issued by the City Council. 3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application states that a conditional use permit may be granted only by a majority vote of all members of the City Council after determining that: 1. The use is one of the conditional uses specifically listed for the district in which the property is located; The Property at 2510 Kenzie Terrace is located within the C-Commercial Zoning District, which allows “establishments primarily for the sale of beverages for consumption on the premises” as a permitted conditional use. The following conditions are proposed for the amendment to the Conditional Use Permit: • The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). • An exterior dumpster, if proposed, shall be kept behind the existing southernmost building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. An escrow shall be established by city staff, and submitted with the city prior to issuance of a certificate of occupancy to ensure that this condition is met. • Outdoor seating associated with the restaurant use is not permitted with this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this Permit is required. 8