Commission approves conditional‑use permit for outdoor music at The Wharf with sound‑governor condition and owner‑specific limit

The City Commission on June 10 granted a conditional‑use permit (CUP 25057) for outdoor amplified music at The Wharf, 2001 Pass‑a‑Grille Way, subject to conditions the city adopted to limit hours, speaker orientation and volume controls.

Planner Bridal Berry presented the staff report and described the request as limited to a small existing stage and patio area for visiting musicians on Wednesday through Saturday from 6 p.m. to 9:30 p.m. Berry told commissioners the stage "is about 250 feet from the nearest residential property" and that the applicants proposed to use temporary equipment rather than permanently installed, high‑powered amplifiers.

The application drew extended public comment from residents who said music from nearby restaurants and bars has been audible in homes and asked the commission to adopt enforceable controls. Michael Khan, who lives on First Avenue Pass‑a‑Grille, said the sound has sometimes required him to raise the television volume in his living room and warned a single performer with a loop device can sound like a band. Other speakers, including Ken Bridal and Rich Lorenzen, said they support the Wharf and asked the commission to allow the business to continue music at manageable levels.

Several commissioners described enforcement as the central issue. Commissioner Mulholland said the city has demonstrated "unenforceable" problems with noise in several locations and urged a consistent requirement of sound‑governing equipment when a CUP touches residential areas. Commissioner Marriott said she favored a targeted, practical approach but also sought assurances the permit would be easy to reexamine if problems reoccurred. Berry told the commission staff had recommended including either sound‑governing equipment or a strict temporary speaker standard and had proposed an automatic return to the commission after two substantiated noise complaints.

Applicant representative Danielle L. Vaughn, Esq., said the Wharf’s stage is small and regularly used by a single visiting musician with one speaker who plays for customers waiting to be seated. "This is not a stage that is going to be able to fit an entire band," Vaughn said, and stressed the business does not intend larger amplified shows.

After discussion the commission approved a motion to adopt staff conditions, with two modifications: require sound‑governing equipment (rather than leaving it optional) and make the CUP specific to the current owner/operator (so a change of ownership or operator would require a new or amended CUP). Vice Mayor Marriott moved approval; the motion did not record a second on the minutes.

Recorded vote: Commissioner Robinson — No; Commissioner Riznicki — No; Commissioner Mulholland — Yes; Vice Mayor Marriott — Yes; Mayor Petrillo — Yes. The motion carried 3–2 and the resolution was adopted. As approved, the CUP includes limits on hours (W–S, 6:00–9:30 p.m.), a requirement that speakers be directional and oriented toward the patio, a permanent or permanently‑controlled amplification system with a software or hardware limiter accessible only to management, and an automatic review and return to the commission if there are two substantiated violations within one year.

Why it matters: The commission framed the decision as balancing neighborhood livability and the local business economy. Commissioners emphasized the city’s limited enforcement resources and that a consistent technical mitigation (sound‑governing equipment set to a measurable receiving standard) makes enforcement and compliance clearer for staff and for businesses.

Next steps: Staff will document the approved conditions in the resolution, notify the applicant and file the CUP terms with code enforcement; commissioners can rescind or revisit the CUP if the conditions are violated.