HomeMy Public PortalAboutAB01-115CITY COUNCIL City Of McCall
AGENDA BILL 216 East Park Street
Number AB 01-115 McCall, ID 83638
Date September 27, 2001
ITEM INFORMATION
SUBJECT:
Original Agenda Date
& Bill No.
Department/Committee/Individual
Initials
Remarks
CUP–01–3: Recommendation
A
Mayor / Council
from the City P&Z to approve
P
City Manager
a conditional
use permit for a
P
Finance Director/City Clerk
neighborhood convenience
R
Deputy City Clerk
store at 133 East Lake Street
O
Community Development
originator
V
Police
Chief
A
Public Works
L
Director of Golf & Parks Operations
COST IMPACT:
S
Recreation Director
FUNDING SOURCE:
Airport Manager
Librarian
TIMEL
INE:
City Attorney
Other
SUMMARY STATEMENT:
The City Council conducted a Public Hearing on September 13 and heard considerable testimony, both in favor and opposed
to the application. The Public Hearing was closed. Staff was directed to review the Yellow Garage conditional use permit decision to determine if a precedent has been set.
See the attached
correspondence from Lindley Kirkpatrick, AICP, including portions of the Zoning Code, and the Council’s Findings & Conclusions related to the Yellow Garage.
RECOMMENDED ACTION:
Planning
& Zoning Commission recommends: Adopt the P&Z’s Findings & Conclusions as the Council’s own and approve application CUP–01–3.
RECORD OF COUNCIL ACTION
Meeting Date
Action
September
13, 2001
Conducted Public Hearing, tabled pending staff review of precedent from the Yellow Garage decision.
City of McCall, Idaho
Community Development Department
Memo
To:
City Council members
From:
Lindley Kirkpatrick, AICP
Date:
September 24, 2001
Re:
AB01-115
Attached
are two documents for your review:
City Council’s Findings and Conclusions from CUP–00–1, for the Yellow Garage
Permitted and Conditional Uses in the A Residential district (MCC 3-8-030)
Susan
Buxton and I have reviewed both the Yellow Garage application and the application submitted by Dr. and Mrs. Hair. There is no ‘automatic’ or guaranteed precedent to rely on when reviewing
the Hair’s application. Each case is evaluated on its own merit, based on the facts presented and the Council’s application of the Zoning Code requirements.
Two important findings were
made by the City Council in the case of the Yellow Garage. Finding #10 states that “The proposed use will offer convenience shopping for home furnishings and décor.” Finding #13 states
that “The proposed use is less intensive than other permitted or conditional uses on the site or nearby and will be beneficial to the neighborhood.”
If the Council determines that the
use proposed in the Hair application will also provide “convenience shopping” and will be “less intensive” and “beneficial to the neighborhood,” then the two applications are similar
enough to establish a precedent which must be followed.
The Council has broad discretion to impose conditions of approval to ensure that the proposed use satisfies the Zoning Code requirements.
CITY COUNCIL City Of McCall
AGENDA BILL 216 East Park Street
Number AB 01-115 McCall, ID 83638
Date September 13, 2001
ITEM INFORMATION
SUBJECT:
Original Agenda Date
& Bill No.
Department/Committee/Individual
Initials
Remarks
CUP–01–3: Recommendation
A
Mayor / Council
from the City P&Z to approve
P
City Manager
a conditional
use permit for a
P
Finance Director/City Clerk
neighborhood convenience
R
Deputy City Clerk
store at 133 East Lake Street
O
Community Development
originator
V
Police
Chief
A PUBLIC HEARING
A
Public Works
L
Director of Golf & Parks Operations
COST IMPACT:
S
Recreation Director
FUNDING SOURCE:
Airport Manager
Librar
ian
TIMELINE:
City Attorney
Other
SUMMARY STATEMENT:
The McCall Planning & Zoning Commission held public hearings on July 9 and August 7 to consider a conditional
use permit application submitted by Walter & Caroline Hair, the owners of 133 East Lake Street. Mr. & Mrs. Hair seek permission to operate a “neighborhood convenience store” in the existing
home.
The P&Z found that the proposal satisfies the requirements of MCC 3-31-030(A) and recommends that the Council approve the application subject to several conditions. Because of
the widely varying testimony presented at the public hearings, the P&Z recommends that the City Council conduct a second hearing.
The P&Z’s Findings & Conclusions and the complete record
of the case are attached. Also attached are a new staff report, several letters that have been received since August 7 and additional information submitted by the applicant.
RECOMMENDED
ACTION:
Adopt the P&Z’s Findings & Conclusions as the Council’s own and approve application CUP–01–3.
RECORD OF COUNCIL ACTION
Meeting Date
Action