AgdaPkt 2003-02-10 - Laserfiche WebLink

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/D. 14 2 Auqust 6. 2002 Staff notified appellant of possible non - conformance, and requested a business description to determine if it-is actually a "retail" use. Appellant responded with business description. See letter dated August 7, 2002. August 9. 2002 Zoning Administrator responded to the applicant stating that based on his business description and the proposed business could not be classified as retail and was not permitted in the CBR Zoning District. See letter dated August 9, 2002. August 21.2002 Applicant appealed Zoning Administrator's decision to the City Council. See appeal letter dated August 21, 2002. November 4. 2002 The City Council denied the appeal. November 15.2002 The applicant made a minor change to the project and applied for a Use Permit. The applicant modified the project to include a 180 sq. ft. art gallery (10 ft. x 18 ft.), occupying the building storefront area along Broadway. The applicant then applied for a Use Permit so as to have the Zoning Administrator determine that the business meets the following criteria: 1) is of the "same general character as the uses permitted by Article 26 of the Zoning Ordinance'; and 2) is not inconsistent with the purpose of Article 26, thereby meeting all the necessary findings for the granting of a Use Permit. December 19, 2002 The Zoning Administrator denied the Use Permit since the findings required under Article 26, Section 4.S could not be made in that: • 1. The use is not of the same general character of the uses permitted by the Article 26 of the Zoning Ordinance. • 2. The use is inconsistent with the purpose of Article 26. Planning Issues The following questions address the main issues identified by staff: • How is this project different from what was previously denied by staff and the City Council? The original application included just a professional beauty store selling only to licensed cosmetologists. The beauty supply store occupied the entire building footprint. The current Use Permit application proposes a modified store which not only includes a 2,120 sq. ft. beauty supply store (again for licensed cosmetologists only), but also includes a 180 sq. ft. art gallery. This gallery only represents 8% of the total 2300 sq. ft. As proposed, the art gallery would include the display of paintings, sculptures, and art objects for sale to the general public. Please refer to attached floor plan and Planning Permit Application — Conditional Use Permit dated November 15, 2002. Why does this modified version need a Use Permit? Although the art gallery is a permitted use under Article 26.23, the professional beauty supply store is not allowed based upon the regulations of CBR Zoning District (Article 26). (This was the finding made by staff and ultimately confirmed by the City Council in specifically states: "It is issued for revenue purposes only and does not constitute a permit to operate a business in violation of City Ordinances or State Laws."