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City Manager Everett stated that staff had no report at this time, but that a major <br /> written response to a document submitted by the appellant on September 23 had <br /> been prepared by the City Attorney. <br /> <br /> M/S Hartnett/Ruskin to open the public hearing. The motion passed by a <br /> unanimous voice vote. <br /> <br /> David Blackwell stated that Innovations did not receive the City Attorney's <br /> response until October 30 and the staff report on October 31. He stated that the <br /> scope of the appeal is as was on September 23, the determination of the Zoning <br /> Administrator that the use is not retail use. Mr. Blackwell explained that the <br /> agenda states that the appeal pertains to the Zoning Administrator's decision that <br /> the business is not a permitted accessory use and that the appeal, in fact, has <br /> nothing to do with that point. In summary, he stated that his client came to the City <br /> with a use, a business license application was submitted in June, specifically, <br /> indicating that the business is a beauty supply sales to membership only. At no <br /> time was there any indication that this was a problem. He asked that whatever the <br /> decision is, that the parties be left with a mechanism to have reasonable, fair and <br /> good faith discussion to find a resolution, particularly, if it is a Conditional Use <br /> Permit. <br /> <br /> Vic Cochran stated that the business came with the best of intentions to open the <br /> Store and service the community. He further stated that the intention is to find a <br /> way to resolve the problem and go forward. <br /> <br /> Joe Hess stated that this is a retail operation servicing those in the business of <br /> hairdressing. <br /> <br /> M/S Ruskin/Hartnett to close the public hearing. The motion passed by a <br /> unanimous voice vote. <br /> <br /> Council questions and discussion evolved. <br /> <br /> City Attorney Yamamoto stated that the issue before the Council is whether or not <br /> the Zoning Administrator made a correct determination as to whether this <br /> particular use can go into the CBR district. The Council is to determine whether or <br /> not the ordinance was applied correctly and it is not limited in scope to what the <br /> appellant believes was the scope of his appeal. <br /> <br /> M/S Ruskin/Hartnett to deny the appeal, thereby upholding the interpretation of the <br /> Zoning Administrator to not allow the proposed use in the "CBR" (Central Business <br /> Retail) District because it is not a permitted accessory use in that district. <br /> <br /> The motion passed by a unanimous roll call vote. MINUTE ORDER 02-327 <br /> <br />__ REGULAR COUNCIL MEETING NOVEMBER 4, 2002 <br /> MINUTES PAGE 9 <br />MINUTES Book No. 59 <br />Page No. 307 <br /> <br /> <br />