File #: ID#24-658    Version: 1 Name:
Type: Action Item Status: Individual Consideration
File created: 10/25/2024 In control: City Council
On agenda: 11/19/2024 Final action:
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.
Sponsors: Kaitlyn Buck
Attachments: 1. CUP-24-41 Presentation, 2. CUP-24-41 Staff Report, 3. CUP-24-41 Appeal Application and letters, 4. CUP-24-41 Maps, 5. CUP-24-41 Police Calls, 6. CUP-24-41 Business Details, 7. CUP-24-41 Public Comment at P&Z, 8. CUP-24-41 Noise Ordinance Research Memo, 9. Public Comments on Appeal
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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

Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A

Fiscal Note:
Prior Council Action: N/A

City Council Strategic Initiative:
N/A
N/A
N/A

Comprehensive Plan Element (s):
? Economic Development - Choose an item.
? Environment & Resource Protection - Choose an item.
? Land Use - Choose an item.
? Neighborhoods & Housing - Choose an item.
? Parks, Public Spaces & Facilities - Choose an item.
? Transportation - Choose an item.
? Core Services
? Not Applicable

Master Plan:
Choose an item.

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 r...

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