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1O.A� summary of recently approved Use Permits in the Downtown is attached for your information. As can be seen from the table, most are retail related uses that are open to the general public). The CBR Zoning District was amended in 2001 to further concentrate ground floor retail uses and only permit certain "ground floor dependent offices" with a Conditional Use Permit. "Ground floor dependent offices" were to serve patrons "on an unannounced or drop -in basis, and to rely upon a product or service display in the store frontage" (Section 2.49). This 2001 amendment further indicates that the intent of the CBR Zoning District was meantto provide retail services to serve anydrop -in customer, and to include interesting window displays for the pedestrian shopper. Since the ordinance amendments in spring 2001, the ordinance has also been more limiting in terms of the creation of "false retail frontages." The amendments limited the size of any accessory office uses and further defined accessory uses to ensure that the entire ground floor commercial uses in the downtown are substantially retail. Alternatives The Council has the following alternatives relative to this appeal: • Deny the appeal and thereby uphold the decision of the Zoning Administrator. Thus the business will not be able to locate at 2652 Broadway or in any other building in the CBR Zoning District. • Uphold the appeal, and thereby allow the business to occupy the site as proposed. • Grant the appeal subject to the condition that the applicant modify the business so that a majority of the business (more than 1200 sq. ft. instead of just 180 sq. ft.) is open to the general public, with the remainder of the building consisting of uses related to the majority use either as conditional uses or accessory uses. • Deny the appeal and direct staff to investigate and possibly modify the CBR Zoning District to allow businesses which are not open to the general public Public Correspondence In preparation forthe public hearing before the Zoning Administrator, the applicant sent out a business letter with self addressed stamped envelopes to numerous licensed cosmetologists, property owners, and adjoining business owners in the area. The applicant presented staff with approximately 150 signed letters in support of the use. The applicant also presented three signed letters in opposition. Staff also received a letter in opposition to the proposed professional beauty supply store use. Copies of all the correspondence related to the December 19, 2002 Zoning Administrator public hearing are located in the City Clerk's Office for your review. Thus far, staff has received two letters in response to the public hearing notice for this appeal hearing. The letter is in support of denying the appeal and is included as Attachment V. Conclusion The proposed use is not of the general character of uses permitted by Article 26 nor does it meet the purpose of Article 26. Staff recommends that the City Council should also uphold the decision of the Zoning Administrator and deny the appeal.