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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />APRIL 6, 2009 <br />TITLE: <br />CONDITIONAL USE PERMIT NOS. 2009-03 AND <br />2009-04 AND VARIANCE NO. 2009-O1 TO <br />ALLOW A DRIVE-THROUGH, AFTER-HOURS <br />OPERATION AND A REDUCTION IN LANDSCAPING <br />FOR SONIC RESTAUR.AN'r LOCATED AT 3531 <br />SOUTH FAIRVIEW STREET - COAST TO COAST <br />COMMERCIAL, LLC, APPLICANT <br />C~ <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />^ As Recommended <br />^ As Arriended <br />^ Ordinance on 15t Reading <br />^ Ordinance on 2rd Reading <br />^ Implernenting Resolution <br />^ Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Receive and file the staff report approving Conditional Use Permit No. <br />2009-03 as conditioned, Conditional Use Permit No. 2009-04 as conditioned <br />and Variance No. 2009-01 as conditioned. <br />PLANNING COMMISSION ACTION <br />On March 9, 2009, the Planning Commission adopted a resolution approving <br />Conditional Use Permit No. 2009-03 as conditioned, Conditional Use Permit <br />No. 2009-04 as conditioned and Variance No. 2009-01 as conditioned by a <br />vote of 7:0 to allow a new Sonic Restaurant with drive-through service, <br />to operate after-hours and to reduce the side yard landscaped setback in <br />landscaping for a Sonic Restaurant in the Arterial Commercial (C-5) <br />zoning district at 3531 South Fairview Street. The Planning Commission <br />modified the conditions of approval to require all 24-inch box trees <br />shown on the site plan to be changed to 36-inch box trees and the <br />permitted hours of operation for drive-in stalls from 7:00 a.m. to 10:00 <br />p.m. to 6:00 a.m. to 10:00 p.m. (Exhibit A). <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />Ja M Trevino <br />Executive Director <br />Planning & Building Agency <br />MF:rb <br />mf/reports/cup09-03&cup09-04va09-O1 Sonic Drive-in.cc <br />31 B-1 <br />