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Approving the application with conditions, per the Deputy Legislative Hearing Officer, for Fitzgerald's LLC (License #20160003846), d/b/a Fitzgerald's to add a Liquor Outdoor Service Area (Patio) license to the existing Liquor On Sale - 101-180 Seats and Liquor On Sale - Sunday licenses at 173 Western Avenue North. (Laid over from June 12)
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WHEREAS, Fitzgerald's LLC (License #20160003846), d/b/a Fitzgerald's located at 173 Western Avenue North in Saint Paul has applied for a Class N license to add a Liquor Outdoor Service Area (Patio) license to the existing Liquor On Sale - 101-180 Seats and Liquor On Sale - Sunday licenses; and
WHEREAS, Eighty-nine (89) residential properties are within a 300-foot radius of licensee’s proposed Liquor Outdoor Service Area (Patio) license, and licensee must seek consent of neighboring residential properties and obtain ninety percent (90%) approval or, in the lesser case, sixty percent (60%) or more approval; and
WHEREAS, licensee sought support from a list of private residences provided by the Department of Safety and Inspection by signatures of approval on petitions; and
WHEREAS, licensee was unable to obtain the ninety percent (90%) consent or, in the lesser case, sixty percent (60%) or more; and
WHEREAS, licensee, per City of Saint Paul Legislative Code 409.06(g) (2) (c), was able to receive positive consent from thirty-nine percent (39%) of residential owners, including support from the Summit-University Planning Council; and
WHEREAS, the Council finds that these efforts constitute a good faith effort to fulfill all petition requirements, and that the results of the attempts to obtain signatures showed a generally favorable disposition from the surrounding community toward the proposed licensed activity; and
WHEREAS, the Council finds that issuance of the license will not interfere with the reasonable use and enjoyment of neighboring property and residences and will not bear adversely on the health, safety...
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