CC MIN 06-08- to 12-21-1981 - Laserfiche WebLink

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PUBLIC HEARING (continued) Item No. 2 (continued) (The conditions of the Use Permit are as follows: 1) That the billboard sign on the side of the building and other illegal signs be removed, and that an Architectural Permit be obtained in accordance with Article 45 of the Zoning Ordinance for exterior building treatment, including signs. 2) That window signs and posters be prohibited except as allowed by the Sign Ordinance, and unless a permit is obtained in each case. 3) That the display of used merchandise be permitted in the front 75 percent of the showroom only if used in conjunction with the display of new merchandise (e.g., a new TV set supported by a used piece of furniture along with one or two new or used decorative artifacts). 4) That there be no outside storage or display of merchandise. 5) That the Use Permit become operative only when all of the above conditions have been complied with and certified to that effect by the Planning Director.) Mayor Biagi asked if the owners of Alfa TV or their representatives were present, and no one responded. He then invited anyone else present who wished to speak to do so. No one wished to speak. M/S: Leipzig/Stangel to close the public hearing. Carried unanimously and public hearing closed at 7:50 p.m. 11' City Attorney Schricker asked that the record include the following: City Manager's Report dated July 9, 1981 on the matter, which includes a memorandum dated June 22, 1981 to the City Manager from the Planning Director; a copy of the Use Permit; copies of correspondence to Ms. Donna Tozi, the owner, dated September 12, 1979, November 1, 1979, and June 5, 1981; and the report with attachments from the City Manager dated October 8, 1981. Mr. Schricker asked that those documents be made part of these proceedings, and Mayor Biagi so ordered. In response to concern by Council whether the permittee had been notified, Mayor Biagi advised that she had been sent, by Certified Mail Return Receipt Requested, a letter dated September 24, 1981 from the City Clerk. The signed receipt was returned but other than that, there has been no response to any of the correspondence to Ms. Tozi. Mr. Schroeter noted the arrival of Mr. Gene Hatfield, attorney for the applicant. Mr. Hatfield was advised that the public hearing was closed. In response to question by Mayor Biagi, City Attorney Schricker advised that it would be at the discretion of Council at this stage whether to accept additional testimony. Gene Hatfield, San Mateo, attorney representing Ms. Tozi of Alfa TV, stated that he had just found out about the hearing, that his clients were out of town and could not be present; that he had asked to be notified when the hearing would take place. Mayor Biagi advised him of the notification in timely fashion to Alfa TV, and that the receipt for certified mail is on file with the City. Mayor Biagi determined that it was the consensus of Council to reopen the public hearing and allow Mr. Hatfield to be heard. Reg.Mtg. 10/12/81 Page 2 _ S /O a