CC MINUTES 06251985 - Laserfiche WebLink

Home Browse Search

-3- Commissioner Madden told him he perceived that in this case the Commissioners ' . decision had taken into consideration the fact that the applicant's absence might' have resulted from some misunderstanding and tbbling the request- would result in the school not being able to open for at least a month, which might be avoided if the petitioner were able to convince the Council that' he had a legitimate reason for not appearing and that his request was a reasonable one. Councilman Ranallo said he perceived the Planning Commission had been established to consider each variance and permit request before making a recommendation to the Council and indicated he wou,ld .not be in favor of granting the permit because to-- do so would, in his opinion, be circumventing the Commission altogether. Councilman .Marks, who had also served on the Commission, indicated he perceived the policy in question had primarily-been addressed to the lack of documentation to support an application and the Councilman said, as he .understood ,it, the merits `of this particular request had-been discussed at some length- with the final con- clusion that particular usage would be satisfactory. Commissioner _Madden .agreed that, outside of the concern about what other usage might evolve and the desire not to have the store.operated past 10:00 P.M. , the Commissioners perceived this. seemed to be a reasonable request. He concluded by saying, "We wanted the applicant there and he wasn' t". Mr. Kaput told the Council he and his wife were going through a divorce which had traumatized him to the extent he had gotten the -dates mixed up. He said the plans he had submitted for approval to the City Manager and Fire Department had included no saunas or any other use of that type at all , and the only partitions he planned for that building would be for locker rooms. The petitioner told Councilman • Enrooth his lease calls for opening the s.tudio ,July 1st.. Councilman Ranallo moved that the matter be returned to the Planning Commission, as had been the custom b.ut failed to get a second for his motion. Councilman Makowske then told him she understood his position, but believed the Council should act on the request that evening, and made the following: Motion by Councilman Makowske and seconded by Councilman Marks to grant a conditional use permit which would allow Richard Kaput to, operate a karate and weight lifting school at 2526 Harding Street N.E. , contingent upon the facility being utilized for only those uses and no other, and not being operated past 10:00 P.M. , finding that: 1 . No one had appeared at either the June 18th Planning Commission hearing or - the June 25th Council consideration, to object to the proposed studio going into that location; 2. The petitioner had been able to reply affirmatively on the application that all three conditions which are required to be satisfied for a conditional use permit would be met with his proposal ; and 3. This use is one of the conditional uses permitted by the Zoning Ordinance in a Commercial Zone. Before the vote was taken, Councilman Ranallo asked "Why. do we have a Planning Com- mission at all?" and he wanted to know why, if the Commission had recommended denial • because they perceived they hadn 't received the necessary input from the applicant related to their concerns, the Council was now prepared to ignore that recommenda- tion. The Councilman indicated he perceived a dangerous precedent was being set. He also said' he recalled at least one instance where an applicant had been forced to return-to the Planning Commission -because he had missed the first hearing on his request.