Title
Waiving the 45 day notice requirement for issuance of a Wine On Sale, Malt On Sale (Strong) and Liquor Outdoor Service Area (Patio) license for Lily Pad Design, LLC, d/b/a Java Train at 1341 Pascal Street.
Body
WHEREAS, Lily Pad Design LLC d/b/a Java Train, located at 1341 Pascal in Saint Paul, has requested a waiver of the 45-day notice requirement for issuance of Wine On Sale, Malt On Sale (strong) and Liquor Outdoor Service Area (Patio) licenses; and
WHEREAS, the District 10 Community Council has agreed to the waiver of the notice requirements; and
WHEREAS, 27 residential properties are within a 300 foot radius of licensee's proposed patio, and licensee has obtained consent from 20 of those properties (74%); and
WHEREAS, of the remaining seven properties, licensee received no response from four of them despite sending a mailing and going door to door, one responded negatively to the request for consent, and two were not contacted because licensee had encountered them before and believed she already knew they would respond negatively;
WHEREAS, the Council finds that licensee's 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, morals and general welfare of the community; and
WHEREAS, the Council finds that the application is in order and there are no grounds for denial of the license and that the failure to grant the waiver and the consequent delay in approving the license would cause exceptional and unusual hardship to the license applicant; and
WHEREAS, the licensee agrees that in the event a complaint is received prior to the expiration of t...
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