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Item No. 30. (continued) <br />Councilmen Bury and Chandler accepted Mayor Britschgi's appointment to the <br />newly established Committee on Mobilehome Parks. <br />MINUTE ORDER N0. 84 -142 <br />(Council from 10:35 to 10:40 P.M.) <br />-------------------------------------------------------------------------------- <br />6. Public Hearing - Appeal of decision of Zoning <br />Administrator to refuse to accept application <br />for modification of Use Permit to allow <br />drive - through service entry Mc Donald's Restaurant, <br />536 Whipple Avenue. (203 -06) <br />Report of City Manager and Director of Planning 8/30/84 <br />Appeal letter 8/15/84; amended appeal letter 8/24/84 <br />There being no objection, Mayor Britschgi ordered the subject item considered <br />out of order at this time. <br />Planning Director Schroeter presented the subject report. <br />Mayor Britschgi declared the public hearing open at 10:55 p.m. <br />Linda Callon, attorney for Mc Donald's Restaurant and author of the appeal <br />letters, reviewed the letters, noting that if the request is granted the <br />design and traffic approvals would still be required. Ms. Callon suggested <br />there is no difference between the drive - through lanes at banks, which would <br />be permitted, and the one desired by the restaurant. <br />Mayor Britschgi invited anyone else who wished to speak to do so. No one <br />wished to speak. <br />M /S: Stangel /Rhodes to close the public hearing. <br />Carried unanimously and public hearing closed at 11:03 p.m. <br />M /S: Rhodes /Chandler to grant the appeal so that the application to allow <br />drive - through restaurant service at Mc Donald's may proceed. <br />City Attorney Schricker advised that if the motion is approved then it would <br />affect every section of the Zoning Ordinance where "restaurant" or "drive-in <br />restaurant" appears. Mr. Schricker said that the alternative might be to <br />amend the Zoning Ordinance as a legislative act either by referring it to the <br />Planning Commission with a request for review or by adopting a resolution <br />initiat 'ng proceedings. <br />In resy,)nse to questions, Mr. Schroeter said that if the subject is simply <br />referred to the Planning Commission as a possible Zoning Ordinance amendment, <br />then the appeal would be denied. However, if the Commission decides that <br />restaurants should include drive - through restaurants, then the appellant <br />would not need to appeal, since it would be an entitlement of the zoning. <br />Reg. Mtg . <br />8/27/84 <br />Page 5 <br />MINUTE BOOK NO. 45 <br />Page No. 121 <br />