CC Min 1982-02-22 - Laserfiche WebLink

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PUBLIC HEARINGS (continued) Item No.1 (continued) Rudy Vega, 3114 Fair Oaks Avenue, operator of the subject ARCO service station, reported no problems are being experienced at present and none are anticipated with regard to loitering or littering, if the mini-market is added. Glenn Greer, 469 Jeter, operator of the Woodside Road/Hudson Street ARCO service station and mini-market, reported he has not experienced any problems related to the sale of wine and beer, observing such sales represent only about 10% of the total. Tom Bezant, 875 Beech, Apartment #7, suggested a market selling liquor would be undesirable in the proposed location, citing reports of numerous gunshots on New Year's Eve in the neighborhood and the vandalism which immediately occurred there when the new children's park nearby opened. Betty Galonska, 353 Heller Street, resident of the neighborhood, objected to the sale of wine and beer across from the children's park, stating that problems already exist in the neighborhood. Assistant Planner Patterson replied to questions concerning the objections of the Zoning Administrator to the colorful design and other aspects of the proposed market he did not believe were appropriate for a residential area. In response to questions, City Attorney Schricker advised that if the Use Permit is granted and the applicant invests in the project, substantial proof, not merely allegations, would have to be made to revoke the permit; that a single condition subject to a six month review could be made with just the condition revoked, if results are unsatisfactory; and that separate rules can be made for the children's park. Mayor Biagi invited anyone else who wished to speak to do so. to speak. No one wished M/S: Stangel/Bury to close the public hearing. public hearing closed at 8:05 p.m. Carried unanimously and M/S: Britschgi/Chandler to deny the Application of ARCO Petroleum Products Company for Use Permit and Architectural Permit for a service station/mini-market at 1700 Middlefield Road for the reasons that the proposal is detrimental to the neighborhood, detrimental to the children's play area, and it is detrimental to the value of the neighborhood which the City is currently attempting to upgrade. The motion failed on the following roll call vote: Ayes: Councilmen Britschgi, Chandler Noes: Councilmen Bury, Rhodes, Stangel and Mayor Biagi M/S: Stangel/Bury to grant the Application for Use Permit and Architectural Permit of ARCO Petroluem Products Company for a service station/mini-market at 1700 Middlefield Road. City Attorney Schricker advised that no conditions were attached to the Use Permit by the Planning Director/Zoning Administrator because it had been expected a revised plan would be brought back. Mr. Schricker suggested the matter could be remanded to the Planning Director for the necessary conditions or the Council could establish the conditions now. CLARIFICATION: Vice Mayor Stangel stated it is the intent of his motion to proceed on the basis of the design submitted by ARCO. AMENDMENT: Rhodes/------ to make it a condition of the Use Permit that no sale of beer or wine would be allowed. The amendment died for lack of a second. Reg.Mtg. 2/22/82 Page 2 ~ (,