Memorandum

City of Lawrence

Administrative Services Department

To:	David L. Corliss, City Manager
From:	Frank S. Reeb, Administrative Services Director
CC:	Toni Wheeler, Director of Legal Services
Date:	September 3, 2008
Re:	The Oread  Distance Restriction Waiver Request

The Oread Inn, LLC d/b/a The Oread will be opening a hotel at 1200 Oread Avenue and has begun the application process for a Hotel/Caterer license in order to serve alcoholic liquor on the premises.  Because the proposed primary public entrance of the hotel is within 400 feet of the Ecumenical Christian Ministries, 1204 Oread Avenue, the Oread Inn, LLC is requesting the City Commission waive the distance limitation in City Code section 4-113(A) prohibiting the sale and serving of alcoholic liquor within 400 feet of a school or church.  Such a waiver request is expressly authorized in Code Section 4-113(C).  

Pursuant to that latter Code provision, a Notice of Public Hearing was published in the Lawrence Journal on August 7, 2008 and a letter was sent to Paul Minor, President, Ecumenical Christian Ministries, notifying him of the public hearing.  We have not received a response to the letter; however, Paul Werner, on behalf of the applicant provided a copy of a letter from Paul Minor to him noting that the Ecumenical Christian Ministries has no objections to the sale of liquor at the site of the Oread Hotel.  We have received no public comments on this waiver request.  Further, pursuant to City Code section 4-113(C), if the Commission approves the waiver request, there must be “a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.” 

Action Request:       Staff recommends the Commission find that the proximity of the Oread Hotel is not adverse to the public welfare or safety and approve the distance restriction waiver request.