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File #: RES 19-230    Version: Name: Fitzgerald's Patio License Application - 173 Western Ave N
Type: Resolution Status: Passed
In control: City Council
Final action: 6/26/2019
Title: 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)
Sponsors: Dai Thao
Attachments: 1. Signed Conditions Affidavit 06-26-19, 2. Signed Conditions Affidavit 05-20-19, 3. Minutes, 4. Patio License Request Letter, 5. Final SPR Approved Plan - Fitzgeralds Patio and Parking Lot 05-13-19, 6. SPR Approved Plan 05-06-19, 7. Conditional SPR Approval - Fitzgeralds Patio and Parking Lot 11-30-18, 8. Site Plan (submitted at hearing), 9. Original Site Plan, 10. STAMP Activities Report, 11. Incident Report, 12. Google Street Photos, 13. Verified Petition of Support Percentage 10-10-18, 14. Aerial Photo, 15. Zoning Map, 16. Plat Map, 17. AMANDA Print Screen, 18. 100' Property Ownership, 19. District Council correspondence 05-22-18, 20. District Council Letter 01-23-19, 21. Correspondence of objection 1, 22. Correspondence of objection 2, 23. Correspondence of objection 3, 24. Correspondence of objection 4, 25. Class N Notification, 26. Notice of Rescheduled License Hearing, 27. Notice to Non-City Parties, 28. License Hearing Sign-In Sheet, 29. Repke email 05-09-19, 30. Repke email 02-11-19, 31. Good Faith Effort Report 11-26-18, 32. Good Faith Effort Report 03-08-18, 33. Shared Parking Agreement with YWCA
Related files: SR 19-2
Title
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)

Body
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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