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LP-038
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Site Plan File - Approved PLZ 01900
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LP-001-100
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LP-038
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LP-038
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Last modified
11/28/2006 12:43:05 PM
Creation date
11/7/2006 2:42:36 PM
Metadata
Fields
Template:
House File
Address
2550 MISSISSIPPI ST
House Number
2550
Street
MISSISSIPPI
Street Type
ST
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<br />.. <br /> <br />" <br /> <br />(- <br /> <br />the benefit of two presentations concerning the appropriateness of the license <br />for this location. <br />Finding of Fact N::>. 1, that the area generally north of Mississippi Street <br />and west of Silver Lake Road is prinarily zoned and cEvelop2d for residential use <br />is supforted by Defendant's Exhibit N::>. 1, a zoning map of the contiguous area, <br />Plaintiff's Exhibit "H", City's zoning nap and the Defendant's Exhibit No.6, <br />Canprehensi ve Larrl Use map. <br />Finding of Fact No.2, that the property to the irm'ediate north of the <br />subject property is develop2d with single family and duplex dwellings is supp::>rted <br />by the Trial Court's '\d.e.>l" :in the conpany of opposing counsel of the subject site <br />and ~ Plaintiff's Exhibits "A" "B" "C" "D" "L" "M" and "N". <br /> <br />Finding of Fact No.3, that the serving of liquor in the cormercial operation <br />would generate additional noise in the area'is supp::>rtedby testinony of residents from <br />the area 2nd by the Trial Court's "view" showing that the comrrercial enterprises <br />presently within the neighborhood and especially ~ately a:mtigwus to the subject <br />si te to the east we~e lON traffic generating uses and the type that would not be Of61 <br />beyond "norrral business hours" and not, as Plaintiff stated, until 1:00 a.m. six nights <br />a week and until midnight on Sundays. <br />Finding of Fact N::>. 4, that the serving of liqu:>r may generate unruly custorrers <br />on the premises and in tiE irmediate neighborhood of the premises -is based upon testim::my <br />received from neighbors, the Council's exr;erience in considering such matters, it not <br />being unreasonable to draw this conclusion given the nature of the business, narrely, <br />serving of intoxicating beverages. <br />Firrling of Fact No.5, that b'1e serving of liquor would lengthen hours of <br />operation of the restaurant and that this would have a deleterious effect on adjacent <br />residences :is again sUPfOrted in the record by a Petition dated Februaxy 8, 1976 over <br />at least 77 signatures, and a second Petition dated Noverrber 11, 1976 containing over <br />124 signatures. 'The only two oth2r establishnents in the City that would be Of61 <br />for a longer period of tine would be a"S amb:::>s " and "Perldns " restaurant loCated on the <br />southerly roundary of the City, intersection of County !bad D and Old Highway 8, as <br />establ:ished by Police Chief Holrres and by reference to Plaintiff's Exhibit "G" which <br />sho.vs that said 24-hour a day operations are totally surrounded by similarly zoned <br />lands in a heavily industrialized area. <br /> <br />-4- <br /> <br />'. <br />
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