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HomeMy WebLinkAboutZA Action AgendaACTION AGENDA ZONING ADMINISTRATOR MEETING MAY 19, 2008 CALL TO ORDER: 10:38 a.m. Community Development Department Conference Room ROLL CALL: Dana Ogdon, Acting Zoning Administrator Ryan Swiontek Eloise Harris, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) CONSENT CALENDAR: No Items on Consent Calendar PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT 08-006 - A request to operate a specialty retail business specializing in the sale, engineering, integration, and installation of audio/video systems for home entertainment within a retail showroom in an existing 7,744 square foot building. APPLICANT/ PROPERTY OWNER: STEPHEN GORTON RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 08-006 approving Conditional Use Permit 08-006. Presentation: Ryan Swiontek, Associate Planner The Acting Zoning Administrator asked the attendees to identify themselves for the record. The attendees were as follows: Tom Pone, Gregory Kelly, Steve Gorton, and Gary Wiggle. The Public Hearing opened at 10:40 a.m. The Acting Zoning Administrator explained and hearing process; and, asked Mr. Kelly if he had any questions or concerns. Mr. Kelly indicated he had reviewed the plans and feels this will be an improvement to the area; and, asked if Mr. Gorton planned to move his entire Orange operation into Tustin. Mr. Gorton answered that has not yet been decided. Zoning Administrator Agenda May 19, 2008 Page 2 Mr. Kelly asked how many delivery trucks Mr. Gorton has. Mr. Kelly answered there are four trucks. Mr. Kelly asked if those trucks would be kept overnight at the Tustin location. Mr. Gorton stated the trucks will go home with the installers or be parked on the street. The Acting Zoning Administrator indicated that there is a condition of approval that will prohibit commercial trucks from being parking on the street overnight. Mr. Kelly asked if customers will be able to walk in to purchase the systems and walk out with the product. Mr. Gorton stated yes, but that is not the typical procedure; appointments are usually scheduled and there are many steps to the process such as wiring the house, installing the parts, etc. The Acting Zoning Administrator added that the City Council has asked staff to prepare an ordinance that, if adopted, could prevent overnight parking between 2:00 a.m. and 6:00 a.m. on all City streets; and, asked the applicant if he had read the staff report and conditions of approval. Mr. Gorton answered in the affirmative; and, asked his architect, Mr. Wiggle, to speak to the concerns regarding the conditions. Mr. Wiggle referred to the Acting Zoning Administrator's comment regarding the structure being a nonconforming building; and, stated his understanding that the previous uses were not conforming uses. The Acting Zoning Administrator answered that the reference was not to the building but to the use of the building and parking. Mr. Wiggle suggested that radio storage is listed as an allowable use; in previous meetings with the staff, there were no issues regarding the use; earlier uses received variances regarding the parking; bathrooms and mechanical uses do not require parking; perhaps this property should be permitted to operate with a standard retail component without a conditional use permit. The Acting Zoning Administrator stated the use was not listed, was similar to the gallery uses previously at the location, and that the project had progressed too far for a discussion on the Zoning Code; if the applicant has a problem with staffs recommendation on the project as proposed, perhaps the hearing should be continued. Mr. Wiggle responded that the applicant has no concern regarding the parking issue, but would like clarification as to why the other issues were considered with the parking, such as requiring staff review for modifications to the operations of the business on the site, hours of operation, the opaque materials on the side wall, etc. Zoning Administrator Agenda May 19, 2008 Page 3 After further discussion, the Acting Zoning Administrator suggested the following modifications to the conditions of approval: 1. Finding C, a sentence to be added at the end of the paragraph as follows: "In addition, pursuant to Tustin City Code Section 9273, nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a use permit." 2. Condition 5.1 would read as follows: "The business must operate as a specialty retail use. Any change deemed potentially harmful to the community shall be subject to review and approval by the Community Development Director." 3. Condition 5.2, the second sentence to read as follows: "Any change of operation occurring outside of regular business hours shall be approved in writing by the Director of Community Development Director." 4. Condition 5.6, eliminate the first sentence and revise the second sentence to read "... glazing should be `mostly' consistent ...." 5. Condition 6.1, remove the word "sodium" in item 4 and change "metal" door to "secure" door in item 6. The applicant agreed to all of the above modifications. The Acting Zoning Administrator approved Zoning Administrator Action 08-006 approving Conditional Use Permit 08-006. The Acting Zoning Administrator explained to the applicant that there is a seven-day appeal period for this item. The Public Hearing closed at 11:24 a.m. REGULAR BUSINESS: None ADJOURNMENT: The meeting adjourned at 11:25 a.m. The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing.