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File #: 15-00585    Version: 1 Name:
Type: Planning Case Status: Passed
File created: 9/8/2015 In control: City Council
On agenda: 9/22/2015 Final action: 9/22/2015
Title: A request by Cerberus Brewing Company for a non-use variance for a liquor establishment within 200-feet of a residentially zoned/used property located at 702 W. Colorado Avenue. Quasi-Judicial
Attachments: 1. Criteria-7.5.802.B-Nonuse Variance


Title
A request by Cerberus Brewing Company for a non-use variance for a liquor establishment within 200-feet of a residentially zoned/used property located at 702 W. Colorado Avenue.

Quasi-Judicial

Body
From:
Peter Wysocki, Planning and Development Director, Planning and Development Department

Summary:
Applicant: Echo Architecture on behalf of Cerberus Brewing Company
Owner: Jerry Morris
Location: 702 W. Colorado Avenue

Non-use variance for on an premises liquor establishment within 200 feet from any residentially-used or -zoned property

Previous Council Action:
None

Background:
Non-use Variance from Minimum Separation Requirements (200 feet) for Liquor Establishments from Residentially-zoned or -used Properties:
Per City Code, liquor sales establishments are allowed in the C-5 zone district. However, on premises liquor establishments must be located no closer than 200 feet from any residentially-used or -zoned property. The intent of this requirement is to provide for a case-by-case review of liquor establishment proposed in the vicinity of residential sites to determine if the liquor establishment would generate inordinate off-site impacts from noise, for example. Please see attached Planning commission staff report for a more detailed analysis.

Financial Implications:
Not applicable

Board/Commission Recommendation:
At their meeting on August 20, 2015 the Planning Commission approved the non-use variance by a vote of 6-0 subject to technical modifications as indicated in the Draft Record-of-Decision.

Stakeholder Process:
The standard City notification and posting process was implemented; 103 property owners within 500 feet of the property were notified, as well as one stakeholder organization - the Organization of Westside Neighbors. To date, Staff has received six (6) responses in opposition to the development plan and associated applications, with respondents expressing concerns about par...

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