AgdaPkt 2002-11-04 - Laserfiche WebLink

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To the Honorable Mayor and City Council From the City Manager November 4, 2002 Subject Appeal of a Zoning Ordinance Interpretation to Prohibit Sales of Professional Beauty Products at 2652 Broadway. Recommendation Deny the appeal, thereby upholding the interpretation of the Zoning Administrator to not allow the proposed use in the "CBR" (Central Business Retail) District because it is not a permitted or accessory use in that district. Analysis The City Council initially reviewed this item on September 23. (Copy of Original Staff report is attached). At that meeting the City Council heard public testimony and continued the item in order for the City Attorney to review the letter sent by the appellant's legal counsel and advise the City Council as to its content. Also the Mayor asked the City Attorney to render an opinion as to whether the collection of sales tax constitutes a retail use which qualifies as a business to be located in the Central Business Retail (CBR) Zoning District. That report is under separate cover. Following the City Council meeting the appellant requested to meet with staff to discuss a possible compromise. Both the Principal Planner and Community Development Director met with the appellant and his legal counsel on October 15, 2002. At the meeting staff listened but indicated that we could not discuss a compromise until the City Attorney's report was available. During the meeting the appellant stated that they were unwilling to change their business model and planned to sell their products only to licensed cosmetologists. The City Attorney's report notes that "for any particular land use to be located within the CBR district, said use must satisf7 each of the three elements established by Article 26: 1. The proposed use must meet the general definition of retail use as set forth in Section 2.17 of the Zoning Code; and 2. The proposed use must serve the stated purpose of Article 26; and 3. The proposed use must be one identified as a permitted, accessory or conditional use under Article 26" Staff recommends denying the appeal and upholding the decision of the Zoning Administrator because the proposed use, sale of beauty supplies only to licensed cosmetologists, is not a retail use as set forth in Section 2.17, does not meet the stated purpose of Article 26, and is not a use identified as a permitted or accessory use under Article 26. Land Use Survey Council asked questions about the public accessibility of businesses in the downtown. Staff conducted a survey and found that the only current use downtown that is not open to the public and would not sell to everyone was the West Coast Beauty Supply, and this business was in place before the zoning ordinance amendment requiring retail uses at street level. 1 ~ At the last City Council meeting, there was some discussion about whether the uniform shop at 2626