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• ,- Bruce B. Roberts, Esq. <br /> , � October 16, 1985 • • <br /> ' Page 3 <br /> 12. Condition No. 4 of the Use Permit provides: <br /> "4. Entertainment activities be permitted <br /> only when meals are served, and shall be limited <br /> to the hours of 11:00 a.m. to 11e00 p.m.." <br /> 13. Traditional demand for restaurant and incidental <br /> entertainment usaqe is greater on Friday and Saturday evenings, <br /> than on other evenings of the week, reflectinq prevailing <br /> societal work schedules and preferences. <br /> 14. Any inconvenience suffered by residents in the vicinity <br /> of the permitted cabaret from activities permitted later than <br /> specified in the Use Permit on Fridays and Saturdays is likely to <br /> be more tolerable than on other days of the week by reason of the <br /> aforesaid prevailinq work schedules and preferences. <br /> CONCLUSIONS AND ORDER <br /> A. This appeal is properly before the Council at this <br /> time, provided that the takinq of this appeal, � se, shall•not <br /> be deemed to bar an appeal from any determination of the Zoning <br /> Administrator upon review of the Use Permit pursuant to Condition <br /> No. 9 thereof. <br /> B. The decision of the Zoning Administrator to limit the <br /> permitted use at the Subject Property to that of a cabaret, <br /> should. be, and hereby is, affirmed, and the appeal with respect <br /> to suck► limitation (i.e., excluding the operation of a nightclub) <br /> _is denied. - <br /> C. The provision of Condition No. 4 of the Use Permit <br /> limiting entertainment activities to tHe hours of 11:00 a.m. to <br /> 11:00 p.m. is unduly restrictive. Said Condition is hereby <br /> amended to read as follows: <br /> ' "4. Entertainment activities shall be permitted <br /> only when meals are served, and shall be limited <br /> � to the hours of 11:00 a.m. to 11:00 p.m., except <br /> ; on Fridays and Saturdays, when such activities <br /> ; shall be permitted between the hours of 11:00 a.m. <br /> ! to 12:00 midnight." <br /> I <br /> i d. As conditionally granted by the Zoning Administrator <br /> ! and as modified by this Order, the establishment, maintenance, <br /> and operation of the cabaret use applied for will not, under the <br /> circumstances of the particular case, be detrimental to the <br /> health, safety, peace, morals, comfort, and general welfare of <br /> persons residing or working in the neighborhood of the proposed <br /> use and wi21 not be detrimental or injurious to property or <br /> I - <br /> ', <br /> i <br />