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g i, <br />REQUEST FOR COUNCIL DISCUSSION <br />Approval: <br />DATE: 3/22/2010 <br />ITEM NO: Z3/ t <br />City Manager Approval: <br />Item Description: Request by Riaz Hussain for approval of an amendment to an existing <br />coN�iTioNaL usE PExMiT to allow the parking areas adjacent to Autumn <br />Street to remain at 1901 Lexington Avenue (PF10-002) <br />1.0 REQUESTED DISCUSSION <br />1.1 At the recommendation of City Staff and the Planning Commission in 2008, the City <br />3 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 />5 staff has continued since that time to gain compliance with that requirement and, as a <br />F 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 />9 Street. <br />� � 1.2 The City Council anticipated taking action on the proposed coN�iTioNaL usE PExMiT <br />� � aMEN�MENT at its meeting of February 22, 2010, but action was deferred to address two <br />� 2 legal concerns raised by the City Attorney; there was some question as to the adequacy of <br />�^ the findings for denying the proposed coN�iTioNaL usE PE�iT aMEN�MENT, and there <br />� 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 />1 • Planning Commission recommendation (5-0 to deny): February 3, 2010 <br />2 • Project report prepared: March 9, 2010 <br />2 • Anticipated City Council discussion: March 22, 2010 <br />2 • Anticipated City Council action: March 29, 2010 <br />2 2.0 SUMMARY OF RECOMMENDATION <br />24 Now that the above legal questions have been addressed, Planning Division staff is <br />25 recommending that the City Council review the remainder of this staff report with the <br />26 City Attorney and determine whether or not to continue pursuing the removal of the <br />27 subject parking areas. <br />PF10-002 RCA 032210.doc <br />Page 1 of 2 <br />