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HomeMy Public PortalAboutAB 18-205 411 Park Street Appeal of P&Z DecisionMcCALL CITY COUNCIL 216 East Park Street AGENDA BILL McCall, Idaho 83638 Number AB 18-205 Meeting Date September 13, 2018 AGENDA ITEM INFORMATION  SUBJECT: Appeal of Planning and Zoning Commission Decision: DR-18-21 411 E. Park St. Department Approvals Initials Originator or Supporter   Mayor / Council     City Manager /    Clerk     Treasurer     Community Development  Originator   Police Department     Public Works     Golf Course    COST IMPACT: N/A Parks and Recreation    FUNDING SOURCE: N/A Airport      Library    TIMELINE: N/A Information Systems      Grant Coordinator    SUMMARY STATEMENT: During its regularly scheduled May 1, 2018 meeting, the McCall Area Planning and Zoning Commission unanimously approved DR-18-21 with amended conditions to prohibit vehicle access within the mixed-use structure’s lower level commercial space due to concerns that the space would be utilized as a residential garage or storage area. During its regularly scheduled July 10th meeting, the applicant requested that the McCall Area Planning and Zoning Commission reconsider and remove amended condition 6 on the grounds that it unduly restricts the property owner and his ability to lease the space in the future. A motion was made to approve the applicants request, a roll call vote was held, and the motion did not pass. Findings were approved by the Commission during their August 7th meeting, which upheld the original conditions of approval based on the Commission’s July 10th decision. The applicant appealed this decision within 10 days per MCC 3.15.08. Based on discussion with the City Attorney, it has been determined that because the McCall City Code does not prohibit storage of commercial vehicles indoors that the condition is not enforceable. Attached are the staff report and application materials.  RECOMMENDED ACTION: Direct staff to create new findings that remove Condition 6, as recommended by the City Attorney, for review and approval at the next City Council meeting.  RECORD OF COUNCIL ACTION  MEETING DATE ACTION