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<br />Appeal No. 2005-02 <br />(Variance No. 2004-18) <br />September 6, 2005 <br />Page 2 <br /> <br />of the lot. As a result, the Commission concluded that the proposed <br />building expansion would exacerbate the existing lack of parking and <br />voted to deny the variance request. <br /> <br />Subsequently, an appeal application was filed by Regency Centers on March <br />9, 2005 (Exhibit B). A notice of violation to correct illegal conditions <br />on the center was issued on March 14, 2005 (Exhibit C) . <br /> <br />On May 2, 2005, the City Council held a public hearing and received <br />testimony on the appeal request. Members of the Council echoed the <br />Planning Commission concerns about maintenance, code violations and <br />potential lack of parking. The Council continued this item to allow the <br />applicant the opportunity to rectify the identified violations, to <br />implement measures to improve the center's maintenance, and to evaluate <br />the applicant's strategies to regain control of the parking. <br /> <br />On August 1, 2005, the City Council reconsidered this item. Staff <br />reported on the status of the code violations and the center's <br />maintenance. In addition, the applicant submitted a revised parking <br />study (Exhibit D), which was consistent with the study reviewed by the <br />Planning Commission (Exhibit 6 of Planning Commission staff report). The <br />Council expressed concerns about granting a parking variance on a center <br />that is deficient in parking stalls and continued this item to allow the <br />applicant time to correct the outstanding violations. <br /> <br />Staff has conducted periodic visits to monitor the outstanding violations <br />on the site. The illegal monument sign and two unpermitted wall signs <br />are still not in compliance with code. Planning Division sign permits <br />have been approved for the three signs, while the Building Division <br />permits are ready for issuance subject to payment of fees. The exterior <br />telephone and outdoor water vending machines continue to operate without <br />the proper Land Use Certificate. The youth amusement rides and outdoor <br />soda vending machines have been removed. <br /> <br />FISCAL IMPACT <br /> <br />There is no fiscal impact associated with this action. <br /> <br /> <br />~ <br /> <br />Trevino <br />xec tive Director <br />Panning & Building Agency <br /> <br />LL:rb <br />11\reports\PC&ZA\va04-18.09-06-0S.cc-appeal <br /> <br />55A-2 <br />