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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 parking and the potential for noise and visual disruptions.  In addition, 15 signatories signed a petition in opposition that was submitted to the Department on June 29, 2015.


On May 26, 2015 Planning staff facilitated a neighborhood meeting with 17 attendees (including the applicant and applicant’s consultant) at the Penrose Library to discuss the development plan and associated applications.  Several attendees expressed concerns about parking availability and the potential for other off-site impacts, particularly noise. In addition, the site was posted prior to the City Planning Commission hearing and postcards were mailed notifying property owners of the hearing. 

 

  Alternatives:

1. Approve the non-use variance application (with technical modifications) as recommended by the Planning Commission;
2. Deny the application; or
3. Refer the applications back to Planning Commission for further consideration.

 

Recommended Action

  Proposed Motion:

Approve the non-use variance for an on premises liquor establishment within 200 feet from any residentially-used or -zoned property, per 7.5.802.B, subject to the conditions of approval as specified in the Record-of-Decision from the August 20, 2015 Planning Commission meeting

 

Ordinance Language

Not applicable

 




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