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. <br />.� .-. <br />REQUEST FOR COUNCIL ACTION <br />DATE: 1/14/2008 <br />ITEM NO: 9.c <br />Department Approval City Manager Approval Agenda Section <br />�� ( ��{1'��� � t,�� �� OTHER ITEMS <br />Item Description: Request by Michael Schueller, in cooperation with property owners Riaz <br />and Catherine Hussain, for a REZONING and a CONDITIONAL USE <br />PERMIT to allow a deli and catering facility at 1901 Lexington Avenue <br />(PF07-069) <br />� 1.0 REQUESTED ACTION <br />2 1.1 <br />3 <br />a 1.2 <br />5 <br />Consider REZOtv�N� the property at 1901 Lexington Avenue from B-1 to B-1B to allow <br />the proposed deli. <br />Consider a CotvD�TlotvA[, UsE PE[uvt�T (CUP) to allow a catering facility under the <br />requested B-1 B zoning. <br />6 PROJECT REVIEW HISTORY <br />� • Application submitted: November 2, 2007; Determined complete: November 9, 2007 <br />a • Initial sixty-day review deadline: January 1, 2008 <br />� • Review deadline after 60-day extension: March 1, 2008 <br />� o • Public hearing and Planning Commission action: December 5, 2007 <br />� � • Anticipated City Council action: January 14, 2008 <br />� 2 2.0 SUMMARY OF RECOMMENDATION <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />ig <br />2.1 The Planning Commission held the duly noticed public hearing for the requested <br />REZONING AND CONDITIONAL USE PERMIT at 1tS meetlrig Ori DeCember S, 2007. After <br />considering public comment in opposition to the proposed rezoning, the Planning <br />Commission voted (5-2) to recommend approval of the proposed REZOtviN� and voted (5- <br />2) to recommend approval of the requested CONDITIONAL USE PERMIT. Draft minutes of <br />the Panning Commission meeting, including a bench handout from residents of Autumn <br />Street, are included with this staff report as Attachment F. <br />20 2.2 The Planning Division concurs with the Planning Commission recommendation to <br />2� approve the requested REZONING and CONDITIONAL USE PERMIT, subject to certain <br />22 conditions; see Section 8 of this report for the detailed recommendation. <br />2s 3.0 <br />2a 3.1 <br />25 <br />2� 3.2 <br />z7 <br />2s 3.3 <br />29 <br />SUMMARY OF SUGGESTED ACTION <br />PASS A MoTiotv requiring the removal of the existing parking areas adjacent to Autumn <br />Street pursuant to a previous CUP; see Section 9.1 of this report for the detailed action. <br />ADOPT AN ORDINANCE REZONING the property at 1901 Lexington Avenue, pursuant to <br />§ 1015.01 of the City Code; see Section 9.2 for the detailed action. <br />ADOPT A RESOLUTION APPROV WG THE REQUESTED CONDITIONAL USE PERMIT, pursuant to <br />§ 1013.01 of the City Code, subject to conditions; see Section 9.3 for the detailed action. <br />PF07-069 RCA 011408 <br />Page 1 of 5 <br />