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� <br />.-. <br />"'� <br />� , <br />REQUEST FOR COUNCIL DISCUSSION <br />t Approval: <br />DATE: 3/22/2010 <br />ITEM NO: 12 . e <br />City Manager Approval: <br />Item Description: Request by Riaz Hussain for approval of an amendment to an existing <br />CONDITIONAL USE PERMIT to allow the parking areas adjacent to Autumn <br />Street to remain at 1901 Lexington Avenue (PFlo-002) <br />1.� REQUESTED DISCUSSION <br />_ 1.1 At the recommendation of City Staff and the Planning Commission in 2008, the City <br />Council passed a motion at that time to enforce a condition of a 1997 Conditional Use <br />� Permit (CUP) requiring the removal of certain paved areas. Community Development <br />staff has continued since that time to gain compliance with that requirement and, as a <br />�: result, Mr. Hussain currently seeks to amend the provisions of the existing CUP, pursuant <br />to § 1014.01 (Conditional Uses) of the City Code, to eliminate the condition requiring the <br />�'. removal of two paved parking areas on the south side of the property, accessing Autumn <br />� Street. <br />� 0 1.2 The City Council anticipated taking action on the proposed CONDITIONAL USE PERMIT <br />� � AMENDMENT at its meeting of February 22, 2010, but action was deferred to address two <br />, legal concerns raised by the City Attorney; there was some question as to the adequacy of <br />., the findings for denying the proposed CONDITIONAL USE PERMIT AMENDMENT, and there <br />� a was a question as to whether conditions of the 1997 CUP could be enforced if the <br />approved conditional use (i.e., a veterinary clinic) is not present on the site. <br />Project Review History <br />- • Application submitted and determined complete: December 2, 2009 <br />'� � Review deadline (extended by applicant): March 30, 2010 <br />. • Planning Commission recommendation (5-0 to deny): February 3, 2010 <br /><<- • Project report prepared: March 9, 2010 <br />_� � • Anticipated City Council discussion: March 22, 2010 <br />._ < • Anticipated City Council action: March 29, 2010 <br />� ,. 2.O SUMMARY OF RECOMMENDATION <br />2�, Now that the above legal questions have been addressed, Planning Division staff is <br />_� recommending that the City Council review the remainder of this staff report with the <br />���, City Attorney and determine whether or not to continue pursuing the removal of the <br />2i subject parking areas. <br />, \ � <br />�,�Z �,.�2i�� i <br />1 -- <br />PF10-002 RCA 032210.doc <br />Page 1 of 2 <br />