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HomeMy WebLinkAboutR83-83 application of gashouse for hotel & restaurant licenseRESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83--Y3 FINDINGS AND ORDER - APPLICATION OF THE GASHOUSE INCORPORATED FOR HOTEL & RESTAURANT LICENSE AND EXTENDED HOURS SPECIAL LICENSE The Board of County Commissioners of the County of Eagle, State of Colorado, sitting as the Local Liquor Licensing Authority (hereinafter the "Authority ") conducted a hearing on November 7, 1983 and November 21, 1983. Prior to the taking of any other evidence, the Authority determined the neighborhood to be the area within 2 miles radius of the intersection of U.S. Highway 6 and intersection of Interstate 70 - Edwards access road and including the entire Eagle River Mobile Home Park. At said hearing, evidence was presented that notice of said hearing was properly posted and published. The Authority received the testimony of the Applicants and Tom Burke in support of the application and the testimony of opponents, Messrs. Kraft, Havenor, Kemp and Newmeyer. Also admitted into evidence by the Authority were Applicants' Exhibits A -1 through A -15, B -1 through B -5, C, D, E and F and opponents' Exhibits A -1 and A -2, B and C. The Authority noted that Applicants' Exhibits A -1 through A -15 and opponents' Exhibit B are petitions taken with regard to the application of another legal entity for a liquor license at the same location as that of the present applicant, which other application was withdrawn prior to any hearing and the evidentiary value of these Exhibits was weighed by the Authority accordingly. Applicants' Exhibits B -1 through B -5 were petitions in favor of the granting of the liquor license in question and contained 109 signatures; Applicants' Exhibit C is a copy of Applicants' building permit; Applicants' Exhibit D is a construciton permit application; Applicants' Exhibit E is a copy of the menu of the Chicago Connection; and Applicants' Exhibit F is a map of the neighborhood. Opponents' Exhibits A -1, A -2 and C are petitions opposed to the granting of the application and contain approximately 88 signatures. The Authority having considered the testimony and evidence presented at the hearing and based on that evidence, find as follows: 1. Proper publication and notice of the hearing as required by statute has been given. 2. That there are currently two establishments with Hotel and Restaurant Liquor Licenses within the neighborhood being the Chicago Connection of which Mr. Kraft is an owner and Kennedy's at Singletree. The Board further finds that Kennedy's which is located on the Singletree Golf Course principally serves the needs of the golf course users and the residents of the Berry Creek Subdivision rather than the neighborhood as a whole. The Chicago Connection serves the neighborhood but is principally an Italian restaurant serving pizza, other Italian cuisine, and a few other items. And that the reasonable requirements of the neighborhood are not being met by the existing outlets, there being a need for other restaurants within the neighborhood. 3. The Authority recognizes opposition by some individuals to the granting of the license, much of that opposition relating to any use which would create additional traffic at the location of Applicants' premises. WM 1 ww fk But the Authority further finds that although there is opposition, on the part of some, the majority of the residents of the neighborhood desire the issuance of the license to the Gashouse Incorporated for the Gashouse Restaurant at 34185 Highway 6, Edwards, Colorado. 4. That as much or more traffic could be generated by a restaurant without a liquor license or other use which the zoning laws would permit on the premises in question and over which the Authority or Board of County Commissioners would have no power to regulate. 5. The premises, business conducted and character of the Applicant is satisfactory and complies with the provisions of Title 12, Article 47, Colorado Revised Statutes 1973, as amended. THEREFORE, the application of the Gashouse Incorporated for a Hotel and Restaurant Liquor License and Extended Hours Special License is hereby approved. MOVED, READ AND ADOPTED by the Local Liquor Licensing Authority, County of Eagle, State of Colorado at its meeting held this 5th day of December, 1983 by a vote of two in favor of granting the license application and one against, Commissioners W. Keith Troxel and Dan Williams voting in favor of the granting of the application and Chairman David E. Mott voting against. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, sitting as LOCAL LIQUOR LICENSING AUTHORITY ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By: (�& i' 2%2`x, 1 By: Clerk ot the o� and otO David E. Mott, Chairman County Commissioners W. e�rth Troxel, Commissioner Dan "Williams, Commissioner WC11