~'S OFFICEAPPROVED

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Submitted by: Assemblyrnember TeschePrepared by: Department of AssemblyFor reading: March 18,2003

ANCHORAGE, ALASKAAR NO. 2003- 63

A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY APPROVING AMINOR MODIFICATION TO AN EXISTING CONDITIONAL USE WHICH PERMITS THESALE OF ALCOHOLIC BEVERAGES TO CORRECT THE PREMISES FLOOR PLANLOCATED AT ANCHORAGE ORIGINAL TOWNSITE, BLOCK 40, LOTS 7 THROUGH12, GENERALLY LOCATED ON THE NORTH SIDE OF WEST 5TH AVENUE BETWEEN"H" AND "G" STREETS (BREWS BROTHERS, LLC, D/B/A GLACIER BREWHOUSEAND ORSO).

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rrHE ANCHORAGE ASSEMBLY RESOL YES:

Section 1. The existing conditional use permit for a beverage dispensary license, aluplicate beverage dispensary license, a brewpub license, and a recently approved duplicate brewpublIcense located at Anchorage Original Townsite, Block 40, Lots 7 through 12, is hereby modified andapproved subject to the following conditions:

A notice of Zoning Action shall be filed with the District Recorders Office withinSixty (60) days of the date that the Department of Planning informs the Applicantthat such Notice is prepared and ready for filing; and

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The floor plan which is attached to this Resolution is hereby approved as thepremises approved for this conditional use allowing the sale and service of alcoholicbeverages and the accessory use as a brewpub brewery for the licenses issued by theAlcoholic Beverage Control Board. Any change in the premises shall require amodification of the conditional use.

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All conditions previously imposed by the existing conditional use shall remain in fullforce and effect; and

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The conditions of approval of the duplicate brewpub license, which was approvedJanuary 25, 2003, shall apply to this conditional use.

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Section 2. Failure of the Applicant to comply with the conditions of the conditional useas amended or modified shall constitute grounds for revocation of the conditional use.

Section 3. This Resolution shall become effective immediately upon passage and approvalIJY the Anchorage Assembly.

0061RES1.wpd

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0061RES1.wpd

MEMO TO ASSEMBLY

LAW OFFICES OF DAN K. COFFEY, PC207 East Northern Lights Blvd

Suite 200Anchorage, Alaska, 99503

Facsimile: (907) 274~4258Phone: (907) 274-3385

e mail: dcoffeY@coffev-law.net

TO:ATTN:FROM:RE:

MuNICIPAL CLERKASSEMBLYMAN ALLAN TSSCImTHE LAW OFFICES or DAN COr-FEY I PCMINOR MODIFICAT!ON OF CONDITIONAL USE FOR BREWSBROTHERS, LLC.3[13/03DATE:

Our firm represents Brothers, LLC, d/b/a Glacier Brewhouse andorao's. We previous submitted an application for a duplicatebre~ub license which the Assembly approved in mid January, 2003.At that time, the Planning Department staff reviewed the existingconditional use for the licensed premises. As a result of thatreview and subsequent discussions with staff, our Client filed arequest for a minor modification to the current conditional use.

As noted., our Client has an existing conditional use for the saleof alcoholic beverages for both of its operating restaurantslocated at 737 W. 5th Ave. This conditional use was modified onSeptember 14, 1999 at the time the duplicate liquor license forCrso's Restaurant was applied for and approved by the Assembly andthe ABC Board. This existing conditional use provides for the saleo£ alcohoLic beverages on the Glacier Brewhouse and Orso premisesand for an accessory uSe for a brewery associated with the existingbrewpub -license.

During the duplicate license application process, certaindiscrepancies were found in the floor plans between those submittedto the ABC Board and those submitted to the Planning Department in'1'999. This difference occurred because of corrections made on the£loor plan arising out of discussions with the ABC Board. Themodified floor plan was never submitted to the Planning Department.While the differences between the two floor plans are small, thepremises should be accurately and consistently described in boththe City Conditional Use Permit and the ABC Board Permit.

!he .a~tached fl?9k; plans (Exhibits "A" & '~B") correct theCond1tl.onal Use Pe:~J.t to reflect the actual premJ.ses for which the

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Conditional Use Permit was granted. Exhibit "AN reflects thecorrect ~£to6r plan which is currently on file with the ABC Board,but not the Planning Department. Exhibit "BN reflects a moredetailed floor plan for Orso's showing the seating. This floorplan also shows the upstairs area which was not clearly depicted onthe original sUbmittal to the Planning Department even though thisarea has been used since the commencement of operation of Oreo's.Approval of this minor modification will correct the discrepancyand result irt an accurate depiction of the licensed premises in thePlanning Department's record..

This minor modification will in no way change the actual use of thelicensed premise. The minor modification is required only toestablish the correct floor plan of the business. The totalproduction under the brew pub license will not be increased. Therewill be no retail sales on the Orso premises. The duplicate brewpub license merely allows Orso's to brew and wholesale additionalbeer within the same total capacity cap. In short, absent theinaccurate floor plan previously submitted, this modification wouldnot be required.

The application fora minor modification is complete. The fees havebeen paid. My office has met with the Planning Department staff ontwo occasions to review the application and answer staff'squestions. The application for the minor modification has now beenapproved by the staff.

On Tuesday, my office received notice that this matter will beconsidered by the Anchorage Assembly on April 22,2003. However, ifit is possible for this item to be considered at an earlier date myclient would greatly appreciate it as this would allow theproduction of Orso beer at a much earlier date.

Thank you for your consideration of this request. Should you haveany questions or concerns please feel free to contact me atanytime.

Law Offices of Dan K. Coffey, PC

By:Dan K. CoffeySenior Attorney

Page 2 of 3

TO::FROM:RE:

CONDITIONAL

MUNICI PALITY OF ANCHORAGEBREWS BROTHERS, LLCMINOR MODIFICATION OF EX! STINGAUTHORIZATION FOR REPRESENTATION

2/5/03DATE

TO WHOM IT MAY CONCERN:

Questions concerning this authorization may be directed to

company at 274-2739.

day of February, 2003DATED at Anchorage I Alaska this ~

Brews Brothers, LLC

/A O-{;~~ '"By: LI'~Its: Managing Member

§;..-"

Submitted by:

prepared by:

Chairman of the Assembly at theRequest of the MayorCommunity Planning a~& ":~"'"Development " ,~T,...", ~'. ~ ." --SEPTEMBER 14,1999 . -T';.~'!.~~f:.'

.SEP 2 7 1999'"For reading:

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All construction and uses shall substantially confOm'l to the plans and narrative

submitted.2.18

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approval bySection 3. This resolution shall become effectivethe Ancilorage Assembly.

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day ofPt-SS_~!:~£~PPROVED by the--~~~ ' 1999.3132

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Ch1JO

ATTEST:

t

v (99-164)(002-105-18.18.20.21,52 - 53)AM. 816-99

CLERK'S OFFICE - t( - :. . - . .. .~P.JQVED ~'V"""" "r -.1 .. ~-'U.. 'AMENDm ~~J -:t~~ Ancnorage, ""~3~7' ..,.tc~!~',i.?f;~;:;jG~ir: ~::.~ Date: '1--:L. -- AR 99- 2

- -~grounds for its revocation.

NOTICE OF ZONING ACfION

This notice announces that a zoning conditional use has been duly approved by theMunicipal Assembly of the Municipality of Anchorage providing for the development of theherein described property in accordance with the provisions of the Anchorage Municipal Code ofOrdinances and the terms and conditions of the zoning conditional use approval as set forth inthe Municipal zoning file 99-164. Under the provisions of the specified ordinance the subsequentdevelopment of the subject property shall be in accordance with the terms of the approvedzonmg conditional use or any subsequent amendments hereto.

LEGAL:

PETmONER:REQUEST:

Anchorage Original Townsite, Block 40,.~ots 7 tbru 12, SM. AnchorageRecording District, Alaska. Generally located on the north side of West SlhAvenue and between "H" & "0" StreetsBrews Brothers, LLCA conditional use for a beverage dispensary/brew pub liquor license

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STATE OF ALASKA

nDRD JUDICIAL DISTRICTTEllS IS TO CERTIFY that on the 27 day of September, 1999 before me, the undersigned, aNotary Public in and for Alaska, personally appeared Lejane Ferguson, to me known to be theduly appointed Municipal Clerk of the Municipal Assembly and acknowledged to me thatshe had in her official capacity aforesaid executed the forgoing instroment as an act and deed of

the Municipality of Anchorage for the uses and purposes therein stated.

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REQUESTED By ;~j:.:~:"#I,,~. '.;::.~r:~:~:':~~"'ff.r}'.-' ,,-, ,~,,~,,~~ ~ ... ,"":";'. "fII,;.:iu' ,./..,... .

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RECOROmG DISTRICT

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""" \\ WI1NESS my hand and notarial seal on the 27 day of September, 1999 in this certificate first

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