AGENDA CAPTION:
Title
Hold a Public Hearing and consider a request by Jeffrey Colasurd, on behalf of Tantra, located at 217 West Hopkins Street, to appeal the decision of the Planning and Zoning Commission which approved a Conditional Use Permit in Case No. CUP-24-41 to allow on-premises consumption of mixed beverages, but limit noise levels.
Body
Meeting date: November 19, 2024
Department: Planning and Development Services
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Background Information:
Tantra is requesting to renew their existing restaurant conditional use permit to allow the on-premises consumption of mixed-beverages. Tantra Coffee received their initial CUP to allow the sale of beer and wine for on-premises consumption in 2006. After several renewals, in 2015, the Planning and Zoning Commission approved a CUP, valid for the life of the TABC license. In 2022, staff administratively approved an amendment to the existing CUP due to the business changing ownership, valid for one (1) year. At that time, the business underwent renovations. This permit became in effect when the Certificate of Occupancy was issued in October of 2023.
Although the CUP was granted, Applicant is appealing Condition No. 4 (outdoor music limited to no more than 60 decibels) due to “unnecessarily restrictive decibel limits.” City Council may affirm, reverse, or modify the decision of the Planning and Zoning Commission.
A super-majority vote of six council members would be required to grant the appeal and thereby reverse the Planning and Zoning Commission’s decision to include Condition Number 4.
Council Committee, Board/Commission Action:
At their regular meeting on September 24, 2024, the Planning and Zoning Commission approved the request with the following conditions:
1. The permit shall be valid for three (3) years, commencing on October 10, 2024, provided standards are met; and
2. The establishment shall not pursue nor hold a TABC Late Hours permit; and
3. Outdoor amplified music shall be limited to the hours between 10am and 10:30pm on Saturday and Sunday, and 2pm and 10:30pm on weekdays; and
4. All outdoor music shall be limited to no more than 60 decibels; and
5. The permit shall be posted in the same area and manner as the Certificate of Occupancy.
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Recommendation:
Staff recommends approval of CUP-24-41 with the following conditions:
1. The permit shall be valid for three (3) years, commencing on October 10, 2024, provided standards are met; and
2. The establishment shall not pursue nor hold a TABC Late Hours permit; and
3. Outdoor amplified music shall be limited to the hours between 10am and 10:30pm on Saturday and Sunday, and 2pm and 10:30pm on weekdays; and
4. The permit shall be posted in the same area and manner as the Certificate of Occupancy.