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Steve Penni stated that his reason for speaking is that finally in that area, the <br /> building is going to be used for something that will bdng more people to downtown <br /> Redwood City. He stated, that in his opinion Innovations has been treated unfairly <br /> because the codes and the description of retail is not clear enough and that the <br /> item would not be appealed if it were not for a complaint by another business. He <br /> further stated that there are many businesses on the 2600 block that cannot be <br /> considered retail, but they will be hidng people and creating foot traffic. <br /> <br /> John Tobias stated that his customers are hairdressers and his business can <br /> draw between 2,500-3,000 hairdressers in the basic market. <br /> <br /> Steve Cutter stated that Innovations qualified under every section of the code and <br /> that the interpretation is becoming very frustrating. <br /> <br /> John Anagnostou shared a solution that might help in the case and has been <br /> used by the Downtown Association in the past. That method would be utilization <br /> of a use permit. He further stated that notification to property owners of the CBR <br /> distdct would be helpful. <br /> <br /> Hans Slide, represented Mr. Hess on the lease, and he stated that when looking <br /> at the code he asked if retail is allowed and was told that it is. He stated that <br /> Council should consider what the zoning code says and be a little lenient in <br /> getting the stores filled downtown. <br /> <br /> Jerry Lami, stated he is a partner of Mulligan's Grill, and initially thought the <br /> zoning code addressed the goals of Redwood City. He further stated that as each <br /> individual case arises, we need to look at what the zoning calls for and review on <br /> a case by case basis. <br /> <br /> Joseph Hess stated that he and his wife have owned the property for over 30 <br /> years. He stated that somewhere the interpretation that the tenant is in the <br /> wholesale rather than the retail business has been made based on a complaint. <br /> He quoted the definition of retail from Black's Law dictionary. He further stated <br /> that it is unfair to the business owners that other interpretations are made and <br /> hopes that the Council votes in favor of the tenant. <br /> <br /> Janet Borgens stated that Innovations is extraordinary and asked a question of <br /> the company. She stated that the company will give variety and is respected in the <br /> industry. She stated that because she buys the product, she is the consumer, <br /> although she may not be the type of consumer in mind when the code was written. <br /> <br /> M/S Hartnett/Ruskin to close the public hearing. The motion passed by a <br /> unanimous voice vote. <br /> <br /> Council comments and questions ensued. <br /> <br />REGULAR COUNCIL MEETING SEPTEMBER 23, 2002 <br />MINUTES PAGE 7 <br /> <br /> <br />