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HomeMy WebLinkAboutZ-8837 Staff AnalysisSUBDIVISION COMMITTEE COMMENTS JANUARY 31, 2013 ITEM NO.: 3. 314 EAST 6TH STREET FOOD STORE UNDER 5,000 S . FT. WITH SALES OF BEER OR WINE CONDITIONAL USE PERMIT — 314 EAST 6T11 STREET Z-8837 Planning Staff Comments: 1. The site is located in the Original City of Little Rock which does not have a Bill of Assurance which addresses use issues. 2. A list of establishments within 1,500 feet which sell alcohol, both for on -premises consumption and carry- out sales will be included in the Commission's February 21, 2013 Agenda. 3. The site is located in the MacArthur Park Historic District. Signage will be reviewed by the Historic District Commission of February 11, 2013 and their recommendation will be forwarded to the Planning Commission. Variance/Waivers: • Wall signs without direct street frontage • Ground -mounted sign Public Works: 1. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements (awning and steps) located in the right-of-way. Utilities and Fire Department/Coun Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. ITEM NO.: 3 (CON'D Z-8837 Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route and is one block from the CATA Travel Center. Planning, Division: No Comments. Landscape: Redevelopment exceeding fifty (50) percent of the structure's current replacement value will require that the site comply with the provisions of the UU Urban Use District. Other: Submit responses to staff issues and four, (4) copies of a revised site plan (if required) no later than Wednesday February 6, 2013. Required notices are to be sent via certified mail to all owners of properties located within two hundred (200) feet of the site no later than Wednesday February 6, 2013. The City -provided notice form must be used. Proof of notice is to be provided to staff no later than February 15, 2013. FILE NO.: Z-8837 NAME: 314 East 6th Street Food Store under 5,000 square feet with sales of beer or wine — Conditional Use Permit LOCATION: 314 East 6th Street OWNER/APPLICANT: Samirah Alwazir/Ibrahim Elsaid PROPOSAL: A conditional use permit is requested to allow a food store under 5,000 square feet with sales of beer or wine to occupy the existing 1,500 square foot building on this UU zoned property. 1. SITE LOCATION: The site is located on the north side of East 6th Street, between Rock and Cumberland Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed uses. Since the specific issue at question is the off -premises sale of beer or wine, staff looked at the number of existing alcohol sales outlets in the immediate area. There appear to be 11 on -premises sales (restaurants), 2 private clubs and 1 off -premises sales businesses within 1,500 feet of the site. Just beyond the 1,500 feet, within the area bounded by Main Street, 1-630, 1-30 and The River, there are three (3) other off -premises sales businesses; a liquor store at 10th and Main and two (2) convenience stores with gas pumps at 9th and 1-30. Residential uses are located one-half (1/2) block to the east and across 6th Street to the south. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown and MacArthur Park Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: There is no on -site parking. The property is located in the UU Urban Use zoning district which has no parking requirement. FILE NO.: Z-8837 (Cont.) 4. SCREENING AND BUFFERS: If the remodeling costs exceed 50% of the structure's current replacement value, compliance with the standards of the UU Urban Use zoning district is required. 5. PUBLIC WORKS COMME 1. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements (awning and steps) located in the right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. - ' If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's 2 FILE NO.: Z-8837 Cont. Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route and is one block from the CATA Travel Center. SUBDIVISION COMMITTEE COMMENT (JANUARY 31, 2013) The applicant's representative was present. Staff presented the item and noted no additional information was needed. Staff noted the applicant had installed signage without a permit. Staff noted the site was located in the MacArthur Park Historic District and signage had to be approved by the Historic District Commission. Staff informed the Committee that the item was on the Historic District Commission's February 11, 2013 agenda and the results of that meeting would be forwarded to the Planning Commission. Staff informed the Committee that a list of establishments within 1,500 feet which sell alcohol, both for on -premises consumption and carry -out sales, would be included in the Commission's agenda. Public Works, Utility and Landscape Comments were noted. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: A one-story, 1,500 square foot commercial building occupies the UU zoned property located at 314 East 6th Street. The building occupies the entirety of the 25 X 60 lot. The building was formerly occupied by the Lucky 7 Deli. The applicant is remodeling the building for occupancy as Downtown Deli and Grocery. A conditional use permit is requested to allow beer sales. A CUP is required for a "food store under 5,000 square feet with sales of beer or wine" in the UU district (Ordinance No. 20,568, adopted April 13, 2012). The food store is proposed to operate 7:00 a.m. to midnight, Sunday through Thursday and 7:00 a.m. to 2:00 a.m., Friday and Saturday. Staff reviewed this proposal and took into consideration the uses in the surrounding neighborhood. Since a neighborhood is referenced elsewhere in the Code as the area within 1,500 feet of the site, staff looked specifically for any sites within that area which have an approved State Alcohol Beverage Control 3 (ABC) permit. Additionally, staff looked at the proximity of the site to residential properties. Residential uses are located '/z block both to the south and east of this site. The following ABC on and off premise permits are located within 1,500 feet of the site: Address Permit Use 402 Louisiana On premises U S Pizza 406 Louisiana On premises Cotija's Mexican Grill 412 Louisiana Private club Club Sway 414 Louisiana On premises Sports Page 315 Main On premises Montego Cafe 601 Main On premises Repertory Theater 405 East 3rd Street Off premises Dugan's Market 315 East Capitol Private club American Legion Post 205 West Capitol On premises Hanaroo Sushi Bar 211 West Capitol On premises Downtown Music Hall 320 Commerce On premises Hampton Inn 501 East 9th Street On premises Arts Center Just beyond the 1,500 feet, within the area bounded by Main Street, 1-630, 1-30 and The River, there are three (3) other off -premises sales businesses; a liquor store at 10th and Main and two (2) convenience stores with gas pumps at gt and 1-30. Residential uses are located one-half (112) block to the east and across 6" Street to the south. As staff informed the Subdivision Committee, the applicant has placed signage on the site without approval from the Historic District Commission and without permits. A 4' X 8' wall sign has been placed on both the east and west facades of the building. Neither side has direct street frontage. Section 36-557. (a) states "all on -premises wall signs must face required street frontage". A 5' X 10' sign has been placed on the front facade on a mansard. The sign exceeds the allowable 10% coverage of the facade as allowed by Section 36-553. (2) (a). An existing pole -type, ground mounted sign next to the building has been refurbished. Section 36-342 (c) (11) states ground mounted signs are discouraged in the UU zoning district and are permitted only as a variance. The Historic District Commission does regulate signage in the District and makes a determination as to whether signage is appropriate based on the age and type of building. STAFF RECOMMENDATION: The Historic District Commission was scheduled to review signage for the site at its February 11, 2013 meeting. The applicant failed to send the required notices for that meeting in a timely manner. The Commission voted to defer the item to 4 FILE NO.: Z-8837 (Cont. its March 11, 2013 meeting. In so much as the signage on this site is such an integral part of the proposal, staff does not believe it is appropriate to move forward with the CUP application until the Historic District Commission has rendered a decision on the signage. Staff recommends that the CUP application be deferred to the April 4, 2013 agenda. PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013) The applicant was not present. There was one objector present. Staff recommended deferral of the item as noted in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and deferred to the April 4, 2013 meeting by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. STAFF UPDATE: Prior to the March 11, 2013 Historic District Commission meeting, the applicant revised the signage by removing the wall signs from the east and west facades of the building. The Commission approved the following signage: 1. Mansard sign on the front fagade 2. Wall sign on the north (rear) fagade 3. Pole/ground sign 4. Incidental signs in vinyl lettering on the front windows that read "Deli Meats", "hot Food". "Downtown Deli and Grocery 501-244-9800". "Grocery" and "Sandwiches". 5. One "open" sign on front glass and one neon beer sign in the easternmost window if beer sales are approved. The Historic District Commission's approval of the signage plan is subject to compliance with the following conditions: 1. A building permit must be obtained for any interior remodeling and any exterior improvements. 2. The exterior of the building is to be completely painted. 3. A sign permit must be obtained for each sign. 4. A franchise permit must be obtained for the awning, the sign on the awning and the ice machine which are all located in the right-of-way. 5 FILE NO.: Z-8837 Staff does have concerns about approving the requested conditional use permit to allow off premises beer sales. As was previously noted, the site is in close proximity to residential uses; one-half (1/2) block to the east and across 6th Street to the south. Within the general area of 1,500 feet and just beyond the 1,500 feet are four (4) other off premises alcohol sales outlets including a liquor store, a small food store and two convenience stores with gas pumps. Staff is also concerned about a possible impact on the CATA Transfer Center which is located one block to the north. For these reasons, staff cannot support the proposed food store under 5,000 square feet with sales of beer or wine. STAFF RECOMMENDATION: Staff recommends denial of the requested C.U.P. PLANNING COMMISSION ACTION: (APRIL 4, 2013) The applicant was present. There were several persons present, in opposition and in support. Several letters of opposition had been received by staff and forwarded to the commissioners. Staff presented the item and a recommendation of denial. Mr. Murad Elsaidi, brother of the owner, spoke in support of the application. He said the family had spent a great deal of money rehabilitating a run down building. He said the business would fail without the alcohol sales and the building would return to its run down state. Mr. Elsaidi stated there were at least 12 other businesses in the area that sold beer and he asked the commission not to single him out. Mr. Hassan Elsaidi, father of the owner, stated he was helping his son get started in business and he would not have started down this road if he had known this obstacle would be in the way. Mr. Elsaidi stated the business was making $300.00 - $400.00 per day in sales, with about 25% of that being profit. He said the business needed the beer sales to survive. Kathy Wells, Secretary of the Downtown Neighborhood Association, spoke in opposition. She showed photographs of stores located at 612 and 1423 W, Roosevelt. She stated they were small food stores without beer sales that were apparently doing well. Ms. Wells stated the neighborhood welcomed the applicant's food store, but not the beer sales. She stated the neighborhood had a problem with aggressive panhandlers. She surmised that they were panhandling for beer money. FILE NO.: Z-8837(Cont.) Thad Luther, Chief Operating Office for Central Arkansas Water, spoke in opposition. He made note of the CAW - owned property and offices in the area. He stated CAW already had a problem with loitering and littering on its property. He said the proposed beer sales would exacerbate the problem. Mr. Luther stated CAW welcomed the food store, but not the beer sales. Mike McCurdy, managing Director of the Arkansas Repertory Theatre, spoke in opposition. He stated the Rep owned the 16 unit apartment building directly across 6th Street that was used to house guest artists. Mr. McCurdy said those artists walk the 2 Y2 blocks from the apartments to the theatre. He also stated the Rep was not opposed to the food store, just the addition of beer sales. He stated there had been extensive renovation of many properties in the area and some reduction in the number of vagrants. He said he thought the proposed beer sales, combined with the late hours that the store would be open, would have a negative effect on the neighborhood. Jill Judy, of 2000 Arch Street, stated she owned several multifamily units in the area. She said she and others had worked to renovate older buildings. Ms. Judy stated she was concerned about sales of beer in individual containers. She stated she had to deal with problems -with transients and littering at her properties. Ms. Judy stated; the. proposed beer sales would not be good for the downtown neighborhood. Mr. Elsaidi stated he was also concerned about crime. He said there were already stores in the area that sold beer and this proposed store would not add significantly to the area's problems. Mr. Elsaidi said the State through the ABC had jurisdiction to determine if there were too many alcohol outlets in an area. He said every business was different and not every small food store needed beer sales to survive, but his did. He presented a petition of support signed by 700 persons he said were area residents and customers. In response to a question from a commissioner, Deputy City Attorney Cindy Dawson stated the issue before the commission was a land use issue; whether it was appropriate to allow the small food store with beer sales as a conditional use at this location. Commissioner Pierce stated she had concerns about the hours of operation and beer sales in single containers. A motion was made to approve the application, including all staff comments and conditions, except that of denial. The motion failed with a vote of 4 ayes, 5 noes, 1 absent and 1 open position. 7 April 4, 2013 ITEM NO.: B Cont. FILE NO.: Z-8837 STAFF RECOMMENDATION: The Historic District Commission was scheduled to review signage for the site at its February 11, 2013 meeting. The applicant failed to send the required notices for that meeting in a timely manner. The Commission voted to defer the item to its March 11, 2013 meeting. In so much as the signage on this site is such an integral part of the proposal, staff does not believe it is appropriate to move forward with the CUP application until the Historic District Commission has rendered a decision on the signage. Staff recommends that the CUP application be deferred to the April 4, 2013 agenda. PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013) The applicant was not present. There was one objector present. Staff recommended deferral of the item as noted in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and deferred to the April 4, 2013 meeting by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. STAFF UPDATE: Prior to the March 11, 2013 Historic District Commission meeting, the applicant revised the signage by removing the wall signs from the east and west facades of the building. The Commission approved the following signage: 1. Mansard sign on the front fagade 2. Wall sign on the north (rear) fagade 3. Pole/ground sign 4. Incidental signs in vinyl lettering on the front windows that read "Deli Meats", "hot Food". "Downtown Deli and Grocery 501-244-9800". "Grocery" and "Sandwiches". rr, . 5. One "open" sign on front glass and one neon beer sign in the easternmost window if beer sales are approved. The Historic District Commission's approval of the signage plan is subject to compliance with the following conditions: 1. A building permit must be obtained for any interior remodeling and any exterior improvements. 2. The exterior of the building is to be completely painted. 5 April 4, 2013 ITEM NO.: B Cont. FILE NO.: Z-8837 3. A sign permit must be obtained for each sign. 4. A franchise permit must be obtained for the awning, the sign on the awning and the ice machine which are all located in the right-of-way. Staff does have concerns about approving the requested conditional use permit to allow off premises beer sales. As was previously noted, the site is in close proximity to residential uses; one-half (1/2) block to the east and across 6th Street to the south. Within the general area of 1,500 feet and just beyond the 1,500 feet are four (4) other off premises alcohol sales outlets including a liquor store, a small food store and two convenience stores with gas pumps. Staff is also concerned about a possible impact on the CATA Transfer Center which is located one block to the north. For these reasons, staff cannot support the proposed food store under 5,000 square feet with sales of beer or wine. STAFF RECOMMENDATION: Staff recommends denial of the requested C.U.P. PLANNING COMMISSION ACTION: (APRIL 4, 2013) The applicant was present. There were several persons present, in opposition and in support. Several letters of opposition had been received by staff and forwarded to the commissioners. Staff presented the item and a recommendation of denial. Mr. Murad Elsaidi, brother of the owner, spoke in support of the application. He said the family had spent a great deal of money rehabilitating a run down building. He said the business would fail without the alcohol sales and the building would return to its run down state. Mr. Elsaidi stated there were at least 12 other businesses in the area that sold beer and he asked the commission not to single him out. Mr. Hassan Elsaidi, father of the owner, stated he was helping his son get started in business and he would not have started down this road if he had known this obstacle would be in the way. Mr. Elsaidi stated the business was making $300.00 - $400.00 per day in sales, with about 25% of that being profit. He said the business needed the beer sales to survive. Kathy Wells, Secretary of the Downtown Neighborhood Association, spoke in opposition. She showed photographs of stores located at 612 and 1423 W, Roosevelt. She stated they were small food stores without beer sales that were apparently doing well. Ms. Wells stated the neighborhood welcomed the N. April 4, 2013 ITEM NO.: B(Cont.)FILE NO.: Z-8837 applicant's food store, but not the beer sales. She stated the neighborhood had a problem with aggressive panhandlers. She surmised that they were panhandling for beer money. Thad Luther, Chief Operating Office for Central Arkansas Water, spoke in opposition. He made note of the CAW - owned property and offices in the area. He stated CAW already had a problem with loitering and littering on its property. He said the proposed beer sales would exacerbate the problem. Mr. Luther stated CAW welcomed the food store, but not the beer sales. Mike McCurdy, managing Director of the Arkansas Repertory Theatre, spoke in opposition. He stated the Rep owned the 16 unit apartment building directly across 6th Street that was used to house guest artists. Mr. McCurdy said those artists walk the 2 Y2 blocks from the apartments to the theatre. He also stated the Rep was not opposed to the food store, just the addition of beer sales. He stated there had been extensive renovation of many properties in the area and some reduction in the number of vagrants. He said he thought the proposed beer sales, combined with the late hours that the store would be open, would have a negative effect on the neighborhood. Jill Judy, of 2000 Arch Street, stated she owned several multifamily units in the area. She said she and others had worked to renovate older buildings. Ms. Judy stated she was concerned about sales of beer in individual containers. She stated she had to deal with problems with transients and littering at her properties. Ms. Judy stated the proposed beer sales would not be good for the downtown neighborhood. Mr. Elsaidi stated he was also concerned about crime. He said there were already stores in the area that sold beer and this proposed store would not add significantly to the area's problems. Mr. Elsaidi said the State through the ABC had jurisdiction to determine if there were too many alcohol outlets in an area. He said every business was different and not every small food store needed beer sales to survive, but his did... He presented a petition of support signed by 700 persons he said were area residents and customers. In response to a question from a commissioner, Deputy City Attorney Cindy Dawson stated the issue before the commission was a land use issue; whether it was appropriate to allow the small food store with beer sales as a conditional use at this location. Commissioner Pierce stated she had concerns about the hours of operation and beer sales in single containers. 7 April 4, 2013 FILE NO.: Z-8837 A motion was made to approve the application, including all staff comments and conditions, except that of denial. The motion failed with a vote of 4 ayes, 5 noes, 1 absent and 1 open position. April 4, 2013 ITEM NO.: B FILE NO.: Z-8837 NAME: 314 East 6th Street Food Store under 5,000 square feet with sales of beer or wine — Conditional Use Permit LOCATION: 314 East 6th Street OWNER/APPLICANT: Samirah Alwazir/Ibrahim Elsaid PROPOSAL: A conditional use permit is requested to allow a food store under 5,000 square feet with sales of beer or wine to occupy the existing 1,500 square foot building on this UU zoned property. SITE LOCATION: The site is located on the north side of East 6th Street, between Rock and Cumberland Streets. 2, COMPATIBILITY WITH NEIGHBORHOOD - The property is located in an area of mixed uses. Since the specific issue at question is the off -premises sale of beer or wine, staff looked at the number of existing alcohol sales outlets in the immediate area. There appear to be 11 on -premises sales (restaurants), 2 private clubs and 1 off -premises sales businesses within 1,500 feet of the site. Just beyond the 1,500 feet, within the area bounded by Main Street, 1-630, 1-30 and The River, there are three (3)other off -premises sales businesses; a liquor store at 10th and Main and two (2) convenience stores with gas pumps at 9th and 1-30. Residential uses are located one-half (1/2) block to the east and across 6th Street to the south. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown and MacArthur Park Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: There is no on -site parking. The property is located in the UU Urban Use zoning district which has no parking requirement. April 4, 2013 ITEM NO.: B Cont. FILE NO.: Z-8837 4. SCREENING AND BUFFERS: If the remodeling costs exceed 50% of the structure's current replacement value, compliance with the standards of the UU Urban Use zoning district is required. 5. PUBLIC WORKS COMMENTS: 1. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements (awning and steps) located in the right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be 2 April 4, 2013 ITEM NO.: B FILE NO.: Z-8837 completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route and is one block from the CATA Travel Center. SUBDIVISION COMMITTEE COMMENT: (JANUARY 31, 2013) The applicant's representative was present. Staff presented the item and noted no additional information was needed. Staff noted the applicant had installed signage without a permit. Staff noted the site was located in the MacArthur Park Historic District and signage had to be approved by the Historic District Commission. Staff informed the Committee that the item was on the Historic District Commission's February 11, 2,013 agenda and the results of that meeting would be forwarded to the Planning Commission. Staff informed the Committee that a list of establishments within 1,500 feet which sell alcohol, both for on -premises consumption and carry -out sales, would be included in the Commission's agenda. Public Works, Utility and Landscape Comments were noted. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: A one-story, 1,500 square foot commercial building occupies the UU zoned property located at 314 East 6th Street. The building occupies the entirety of the 25 X 60 lot. The building was formerly occupied by the Lucky 7 Deli. The applicant is remodeling the building for occupancy as Downtown Deli and Grocery. A conditional use permit is: requested to allow beer sales. A CUP is required for a "food store under 5,000'square feet with sales of beer or wine" in the UU district (Ordinance No. 20,568, adopted April 13, 2012). The food store is proposed to operate 7:00 a.m. to midnight, Sunday through Thursday and 7:00 a.m. to 2:00 a.m., Friday and Saturday. 3