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File #: RES 11-2607    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 1/4/2012
Title: Approving the application with conditions, per the Deputy Legislative Hearing Officer, to upgrade the restaurant license from a Restaurant (3) - 13-50 Seats license to a Restaurant (4) - 51-150 Seats license and to add a Wine On Sale, Malt On Sale (Strong), and Liquor-Outdoor Service Area (Patio) licenses, for Lily Pad Design LLC (ID #20050002044), doing business as Java Train at 1341 Pascal Street North.
Sponsors: Russ Stark
Attachments: 1. Minutes, 2. Conditions Affidavit, 3. Letter of Objection, 4. District Council Letter, 5. Application, 6. Floor Plan, 7. Aerial Photo, 8. Photos, 9. STAMP Activity Report, 10. Police Incident Report, 11. Letter and Pictures - Bill Sylvester (10-17-2011)
Related files: SR 11-85
Title
Approving the application with conditions, per the Deputy Legislative Hearing Officer, to upgrade the restaurant license from a Restaurant (3) - 13-50 Seats license to a Restaurant (4) - 51-150 Seats license and to add a Wine On Sale, Malt On Sale (Strong), and Liquor-Outdoor Service Area (Patio) licenses, for Lily Pad Design LLC (ID #20050002044), doing business as Java Train at 1341 Pascal Street North.

Body
WHEREAS, Lily Pad Design LLC (ID #20050002044), doing business as Java Train at 1341 Pascal Street North in Saint Paul, has applied for an upgrade in the restaurant license from a Restaurant (3) - 13-50 Seats license to a Restaurant (4) - 51-150 Seats license and a class N license to add a Wine On Sale, Malt On Sale (Strong), and Liquor-Outdoor Service Area (Patio) licenses; and

WHEREAS, twenty-seven (27) residential properties are within a 300 foot radius of licensee's proposed license to add a Wine On Sale, Malt On Sale (Strong), and Liquor-Outdoor Service Area (Patio) licenses and upgrade in the restaurant license from a Restaurant (3) - 13-50 Seats license to a Restaurant (4) - 51-150 Seats license and licensee must seek consent of neighboring residential properties and demonstrate that s/he were able to obtain 90% approval or, in the lesser case, 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 90 percent (90%) consent but did obtain sixty-three percent (63%) per City of Saint Paul Legislative Code 409.06(g) (2) (b); and

WHEREAS, licensee was able to receive positive consent from seventeen (17) of the possible twenty-seven (27) residential properties, including support with conditions from District 10 Como Community Council; and

WHEREAS, the Council finds that these efforts constitute a good-faith effort to fulfill all petition requirements, and that the...

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