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2O <br /> <br /> WHEREAS, it appears to Council that the notice <br />require.d by Section 15~1-364 of the Code of Virginia <br />(19S0), as amended, has been duly advertised; now, <br />therefore, <br /> <br /> BE IT RESOLVED by the Council of the City of <br />Charlottesville that Ms. Mary Jane Haynes, Messrs. <br />W. j. Copeland and H. P. Winn, Jr. report in writing <br />to Council what inconvenience, if any, would result <br />from such vacation. <br /> <br />RESOLUTION: SPECIAL PERMIT FOR OUTDOOR CAFE FOR THE NOOK, <br />LTD. (continued) <br /> <br /> Mr. Rebori requested an explanation of the section <br />in the special permit referring to rent payments. <br /> <br /> Mr. Hendri× explained that rents for use of the mall <br />for outdoor cafes may be charged in the future. <br /> <br /> The resolution granting a special permit for an <br />outdoor cafe for the Nook, Ltd. was moved by Dr. Hall, <br />seconded by Dr. Gunter and unanimously approved by Council, <br />subject to approval of the color scheme by the Downtown <br />Board of ArchiteCtural Review and conditional upon no <br />tables being allowed adjacent to the Nook Restaurant <br />building between 2:00 a.m. and S:00 p.m. <br /> <br /> WHEREAS, THE NOOK, LTD., has applied to City Council <br />for a permit to operate an outdoor cafe on the pedestrian <br />mall in t~e 400 block of East Main Street, in connection <br />with the operation of its duly licensed restaurant at 41S <br />East Main Street; and <br /> <br /> WHEREAS, this Council finds that the proposed outdoor <br />cafe is in keeping with the intent of the pedestrian mall, <br />can add significantly to successful commerce in the down- <br />town area, will not unreasonably restrict the movement of <br />pedestrian traffic and will not endanger the public health, <br />safety or welfare; now, therefore, be it <br /> <br /> RESOLVED, that the Nook, Ltd. is hereby granted a <br />permit to operate an outdoor cafe on the pedestrian mall <br />in the 400 block of East Main Street, subject to the <br />following conditions and terms: <br /> <br /> 1~ The permit shall be valid from its adoption until <br />November 30, 1986, for operation of the cafe during the <br />months of March through November. NOt later than November <br />30 of each year, the operator shall remove from public <br />property all furniture and equipment used for such cafe <br />operation. <br /> <br /> 2. The cafe shall be operated only in the areas <br />designated as Areas A and B on the attached drawing dated <br />April 23, 198S prepared by M. Jack Rinehart, Jr., and' <br />incorporated by reference in this resolution. However, <br />Area A shall not be used or occupied by tables prior to <br />5:00 p.m.s No cafe furnishings or equipment shall be <br />permitted to obstruct any fire lane. The designated <br />areas of operation shall be clearly delineated by the use <br />of a combination of chains, planters and barriers of a <br />design to be finally approved by the City Manager. After <br />5:00 p.m. the portion of the mall between Area A and Area <br />B may be enclosed within a movable chain or other barrier <br />to permit the operator to comply with regulations of the <br />Alcohol Beverage Control Board. <br /> <br /> 3. The Downtown Board of Architectural Review shall <br />approve final designs for the cafe furniture, awnings or <br />canopies and other fixtures or equipment to be used for <br />operation of the cafe, and the City Manager shall approve <br /> <br /> <br />