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<br />:/¡{-.$þ , <br /> <br />does not consider the measures taken or the success of those mitigation <br />measures. <br /> <br />. The brief (90-minute) delivery times do not interfere with the flow of traffic - <br />at least not in the opinion of the Redwood City Police Department, which <br />reviewed the deliveries. There is no evidence that at the time and manner of <br />the deliveries, the "lane blockage" on El Camino Real had a detriment to <br />anyone. <br /> <br />. The Zoning Administrator obviously believed this activity was of short dura- <br />tion when the City granted use perÌnits in 2003 and 2004. How can the same <br />period of time suddenly disqualify a prop~rty from continued use? <br /> <br />. There are only about 15 busy days altogether when the neighborhood could be <br />impacted. This really is quite similar to a tent sale or similar activity. <br /> <br />. <br /> <br />Similarly, the size of the site has not changed in the last nine years. It was <br />found large enough in the past. How can it be disqualified now? <br /> <br />. "Insufficient conformance resulted in continued substantiated complaints" <br />says one finding, but nothing in the Zoning Administrator's presentation <br />demonstrates any substantiation of complaints from the current, mitigated <br />activity! <br /> <br />. The Zoning Administrator points out that other lots could handle seasonal <br />sales, too. Yes, one such location, a very short distance down El Camino Real <br />and the main competitor to this lot, uses an even smaller lot! <br /> <br />CONCLUSION <br /> <br />The City should strongly consider the preferences of the hundreds of patrons who <br />enjoy the Pumpkin Patch and Christmas Tree Lot each year. The Zoning Administrator <br />vaguely cobbles together five instances of "complaints on file" to opine these unspecified <br />complaints over time - apparently entirely under another regimen - outweigh the broad <br />community support for this activity. <br /> <br />Nicoll Enterprises has already mitigated its impact on the neighbors. Its good <br />work should be recognized, and the use permit should be granted. <br /> <br />Respectfully Submitted, <br /> <br />w ~ fL (j.~~~ <br /> <br />William R. Warhurst <br />HANNIG LA W FIRM LLP <br /> <br />(NIC:1478:WRW:HOO21675.DOC.l) <br /> <br />PAGE 4 OF 4 <br />