HomeMy WebLinkAboutPC Res 1294 - 1983-06-09
Resolution No. 1294
Missinq
Approved: June 9,1983
Subject: CUP 7-81
Address:
Applicant:
Request:
201 Main Street
Walt's Wharf
Modify midnight closing
condition. Request was
denied.
.
.
JI
-14-
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I would 11ke to state f1rst that such th1ngs as late hours for a commerc1al
enterpr1se are not a r1ght, they are a pr1v11ege. They are a pr1v1lege
that 1S based on many var1ab1es, as nature of cl1ente1e, locat10n of cornmerc1a1
enterpr1se vs. surround1ng res1dent1a1, degree of local people VS. v1stors
com1ng by veh1c1es. Each case before th1s Comm1ss10n 1S dec1ded on 1tS
own spec1f1c mer1ts. I would 11ke to p01nt out that there 1S a balance
necessary where commerc1al zoned property 1S d1rectly cont1guous w1th
res1dent1a1 property. When the two come 1nto d1rect conf11ct, unless
the co~nerc1al enterpr1se 1S prepared to spend rest1tut1on to offset those
nU1sances, then they must g1ve way. As a bas1s of general pr1nc1p1e,
you can never allow extens10n of any type of uses 1f the app11cant 1S
not presently complY1ng w1th the 11m1tat1ons that they are already operat1ng
under. In th1s part1cular case, 1t 1S qU1te clear the appl1cant 1S not
presently and has not been complY1ng w1th the cond1t10ns of the or1g1nal
CUP. I have known the LaCastos for a long t1me and I know they are people
of good w111 and are d01ng the1r best 1n the way they see most appropr1ate
to respond to econom1C challenges they face. I have to p01nt out I cannot
agree w1th the1r request to solve a problem that stems from noncompl1ance
of theu CUP that th1s Comm1ss1on 1n good faHh gave them 1n response
to answers rece1ved from appl1cant; from a ph11osoph1ca1 standpo1nt that
1S not the bas1s of mak1ng extens1ons. You make extens10ns on the bas1s
of f1rst demonstrat1ng total w1111ngness end ab111ty to comply to restr1c-
t10ns that you yourself agreed to, and hav1ng done so, you then at a later
day have a better r1ght to mod1fy those cond1t10ns. That has not been
the case. On the bas1s of all of these statements and others, I am g01ng
to support a mot10n 1f 1t 1S made to deny the appl1cat10n of extens10n
of the hours past m1dn1ght."
Mr. Jessner stated "I agree wHh what you sa1d. One of the quest10ns
that I d1d ask Mr. Penard1 was 1n reference to the sound level 1ns1de.
Th1s has to do w1th a cond1t10n we put on for Mr. LaCasto. From the t1me
we voted th1s cond1t10n 1n, unt11 now, th1s has not been comp11ed w1th.
I want bus1ness to succeed on Ma1n Street, but we have to have some demon-
strat10n of complY1ng w1th the agreement. In th1s case there has not
been any compl1ance w1th what we 1nvoked. I am 1n favor of denY1ng the
request."
Mr. Cov1ngton stated that staff had prepared ~ater1al that would allow
the Comm1ss10n to respond e1ther for or aga1nst. C1ty attorney read the
resolut10n that had been prepared denY1ng the request w1th a m1nor mod1f1-
cat10n made by Com. Cov1ngton.
Res. #1294
Comm1ss10ner Jessner moved to adopt resolut10n denY1ng Walt's Wharf's
request for mod1f1cat10n of m1dn1ght clos1ng cond1t10n. Mr. Sm1th seconded
the mot10n and mot10n passed w1th follow1ng vote:
AYES:
NOES:
ABSENT:
Cov1ngton, Sm1th, Jessner, Goldenberg
None
Perr1n