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HomeMy WebLinkAbout12/16/2009 (3)ZONING ADMINISTRATOR HEARING MINUTES DECEMBER 16, 2009 CONDITIONAL USE PERMIT NO. 2003 -26 10:56 a.m. Mr. Sergio Klotz, Zoning Administrator, called to order the public hearing in the City Hall Ross Annex Conference Room 2001. Also in attendance were: John DeFrenza and Nadir Shounia, Qwik Korner; Bob Black, Sandpointe Neighborhood; Lucy Linnaus, Senior Planner; Yolanda Pena and Mike McCoy, Police Department; and Jocelyn Magalona, Recording Secretary. There were no written communications. Lucy Linnaus presented the staff report and recommendation. Ms. Linnaus made modifications and clarifications to the amended conditions. Mr. Shounia provided letters of commendations regarding his business operations. Mr. Black stated his support of the project. Discussion and clarification followed regarding the conditions. Planning Condition 5 was deleted since it's a duplicate of Police Condition 14. Police Condition 18 was reinstated which was erroneously deleted. Police Condition 2, which was misnumbered that followed Police Condition 18, was also reinstated. Police Condition 20 was modified to include the entire commercial center and Police Condition 21 was modified to refer to condition 20. The applicants requested further consideration of conditions 9, 10 and 12 Mr. DeFrenza referred to Police Condition 9 and requested clarification to include dessert wines, ports and sherry. Ms. Pena stated staff will have to research further and agreed to further define "Dinner Wines." After discussion, the Zoning Administrator deleted condition 10 consistent with the existing conditions granted in 2003. Mr. DeFrenza asked that Police Condition 12 be allowed to occur with Police review to evaluate its effect. Mr. McCoy stated that it would become inconsistent between the City and the Alcoholic Beverage Control Board (ABC); once granted, ABC is not necessarily going to revert back. Ms. Pena added that the condition is required of everyone. Discussion followed regarding the various alternatives for the applicant Conditional Use Permit No. 2003 -26 Page 1 of 2 Mr. Klotz recessed at 11:57 a.m. to give the applicants an opportunity to review their options. The hearing resumed at 12:05 p.m. The applicants informed the Zoning Administrator that their preference was to conclude the public hearing. Mr. Klotz advised Mr. Shounia to address with staff an unpermitted sign in the storefront of the vacant space. Mr. Klotz recapped the modifications to the conditions. He inquired if the applicants read, understood and agreed to the conditions. The applicants stated their agreement to all the conditions. The Zoning Administrator adopted a resolution approving amendment to Conditional Use Permit No. 2003 -26 with the amended conditions. The hearing adjourned at 12:15 p.m. CW elyn Mag ona Recording Secretary mr\zoning administration \minutes \2009 \12 -16 -09 CUP03 -26 Qwik Korner Conditional Use Permit No. 2003 -26 Page 2 of 2