CC Min 1994-07-18 - Laserfiche WebLink

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5. PUBLIC HEARINGS A. Appeal of the Zoning Administrator's approval of a Use Permit to allow a drive-up kiosk selling espresso and other specialty coffees at 528 Woodside Road - Paul E. Norton, Norton Brothers Enterprises, appellant Affidavits of Publication of Notice of Hearing and mailing are on file in the City Clerk Department 1. Staff Report: Planning Director, July 18, 1994; Zoning AdministratorlPlanning Director Patterson reviewed the items for the basis of the appeal by Mr. Norton. He stated that the Americans with Disabilities Acts requirements would be addressed by the Building Department, and the amount of traffic would be the same as at the appellant's business; also, the concern regarding a future sign is conjecture and a future sign could not be addressed at this time. He recommended that the Council deny the appeal. 2. Mayor Buchan opened the public hearing at 7:58 P.M. Paul Norton, 212 Davenport Way (business address 705 Woodside Road), appellant, stated that the proposed business will be in a pre-constructed building which will bypass the building inspection; therefore, any ADA requirements could be overlooked. He contacted the State of California and was informed that the new business does need to comply with the act. In regard to ingress/egress he expressed concern regarding a potential of a negative public perception if the new kiosk had a stacking problem with cars. He believed it may have a negative impact on his business. In response to Councilman Greenalch's question, Mr. Norton stated that he does have restrooms on site and that they comply with the ADA. In regard to ingress and egress on his location the back entrance can be used for additional stacking of cars. In reply to Councilwoman La Berge's questions, Mr. Norton stated that although the restroom at his facility is meant for employees only in his drive-up business, it could be open to the public if necessary. He further stated that the proposed business is not complying with ADA requirements. Mr. Norton had heard that the Building Department in the City of Napa had been concerned when a similar establishment went in that City and the applicant had been required to sign a liability waiver for the City. 4. MIS: GREENALCHILA BERGE TO CLOSE THE PUBLIC HEARING CARRIED BY UNANIMOUS VOICE VOTE AND HEARING CLOSED AT 8:08 P.M. MINUTE BOOK NO. 52 Regular Meeting Minutes Page No. 327 July 18, 1994 Page 6 -,,---- ,. "--"--'---."--""----' .. .. --'-