HomeMy WebLinkAboutP.H. 2 APPEAL USE DET 02-03-92PUBLIC HEARING N0. 2
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AT E: FEBRUARY 31 1992
i-�: WILLIAM A. HUSTON, CITY MANAGER
!1130,0: COMMUNITY DEVELOPMENT DEPARTMENT
APPEAL OF USE DETERMINATION 92-01 (MC WHINNEY BERRIES)
RECOMMENDATION
Pleasure of the Council.
BACKGROUND
On January -.20,, 1992, the Council appealed the Planning Commission's
determination asking that this item be agendized for the February
3, 1992 City Council meeting.
On January 13, 1992, the Planning Commission determined the
following:
1. That the sale of single, seasonal agricultural products
in an open air stand was not similar in character to
other temporary uses that are subject to the provisions
of the Temporary Uses Section of the City's Code.
2. That outdoor sales establishments and markets are already
listed as conditionally permitted uses in both the C-2
and CG zoning districts.
3. That the applicants should submit an application for a
public hearing to request the Planning Commission's
consideration of a conditional use permit to establish
their use on property maintaining either a C-2 or CG
zoning designation.
DISCUSSION
Pursuant to City Code Section 9298(b), whenever an approving body
is called upon to determine whether or not a use in any district is
similar in character to other uses allowed in the district, that
body shall consider the following factors as criteria for their
determination:
1. Effect upon the public health, safety and general welfare of
_ the neighborhood involved and the City at large.
-- City Council Report
Appeal of Use Determination 92-01
February 31 1992
Page 2
2.
Effect upon traffic conditions.
development of the area in question
in regard to the general planning of
3. Effect upon the orderly
and the City at large,
the whole community.
osed use is temporary,
Should the Council determine that thremaining actions required
rop
the following summary demonstrates the
processing rocessing the applicant's request with corresponding dates:
i
February 4 Applicant obtains Temporary Use Permit.
Permit Expires March 5.
Applicant submits extension request.
February 24
Planning Commission holds public hearing
to consider extension request.
Approval - Permit could potentially be
valid from March 6 through August 5
Denial - Applicant would have option to
appeal to City Council.
February 25 Applicant submits appeal request.
March 16 City Council holds appeal hearing.
While the above process provides the applicant the assurance
e council
to set up their stand by the f first week of February,
would not be able to provide assurance that the temporary use
permit
would be extended by the Planning Commission. The Planning
sion has the discretion over the extension unless a ser he Council
receives the item on appeal. eal. If an appeal was nec y►
the
applicant would potentially have to cease operation of the stand
from March 6 to March 16.
CONCLUSION
Based upon the above discussion, it is appropriate for the Council
to rovide direction by minute motion.
p
Anne E. Bonner
Associate Planner
AEB : rnm
Christine A. Shin eton
Assistant City Manager
Community Development