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Item No. 2 (continued) RESOLUTION CONDEMNING BUILDING AT 1156 CLEVELAND STREET AS A PUBLIC NUISANCE AND DIRECTING RECONSTRUCTION OR REMOVAL THEREOF M /S: Bury /Stangel to continue the subject public hearing until October 21, 1985. MINUTE ORDER NO. 85 -152 ---------------------------------------------------------------------------- - - - - -- 3. Public Hearing - Appeal of decision of Zoning Administrator to deny Use Permit for operation of a night club and appeal of condition requiring cabaret activities cease at 11:00 p.m. - Bruce Roberts, attorney representing Aldo Fontana and Shooter McGee's, 768 Woodside Road (203 -06) Appeal letter from Bruce Roberts, Esq. for property owner 9/4/85 Report of City Manager and Director of Community Development 10/8/85 Affidavits of Publication of Notice of Hearing and of Mailing on file. Councilman Chandler stated he will neither participate in the hearing nor vote because of possible conflict of interest and left the Council Chambers at 8:15 p.m. Director of Community Development Schroeter reviewed the subject report, noting that the application for Use Permit was for "a cabaret and night club ". In response to question, Mr. Schroeter said that a nightclub is defined as a business providing primarily nighttime entertainment where liquor and food may be served, while a cabaret is primarily a restaurant which may also have liquor and entertainment. He noted that nightclub use is specifically included among permitted uses only in the central business district, but is not mentioned and is presumed to be prohibited elsewhere, including in the district such as the subject location, where commercial activities are adjoining a residential area. Mr. Schroeter said that the 11:00 p.m. closing time for cabaret entertainment was used, because it is the same as for service stations in the same district and is generally used as the cutoff time for disturbing activities near residential property. Mayor Britschgi declared the public hearing open at 8:20 p.m. Bruce Roberts, 801 Welch Road, Suite 205, Palo Alto, attorney representing Aldo Fontana, the appellant, reviewed the contents of his appeal letter. Mr. Roberts asked that nightclub use be permitted at Shooter McGee's and that closing time for entertainment be made later on Mondays and Wednesdays through Saturdays. He suggested that the nightclub use is an appropriate indoor recreational use of the property. (Council recessed from 9:05 to 9:15 p.m.) Andy Anderson, 1591 Regent Court, Regent Court Neighborhood Association, reported that the residential neighborhood adjoining Shooter McGee's is experiencing no real problems of disturbance under the present conditions of operation of Shooter McGee's as a cabaret. MINUTE BOOK NO. 46 Page No. 68 Reg.Mtg. 10/14/85 Page 3