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Planning Commission Meeting Minutes April 19, 2005 Page 3 1 further review of the section it was found that only administrative offices and non-retail 2 business are actually permitted. She stated that it appears the information submitted 3 by the applicant shows that a majority of the proposed use would be devoted to retail. 4 5 Ms. Moore-Sykes stated that Staff received a telephone call from Mr. Glen Ward of 6 Walter R. Hammond Company and owner of the adjacent property. She explained that 7 Mr. Ward expressed concerns regarding access to the subject property. His immediate 8 concern is the concrete boulevard on 29th noting that prospective customers could turn 9 onto 29th Avenue and use his driveway and parking lot to get to Mr. O'Connor's 10 business rather than go further down the block to the light, make a U-Turn and turn into 11 the subject property's driveway. Mr. Ward also expressed concerns that parking could 12 become an issue with the potential of the same buyers using his lot to park in, which 13 would limit parking for their customers. Mr. Ward also felt a car lot next door would also 14 diminish their property values. 15 16 Ms. Moore-Sykes stated that she also received a letter from City Attorney Gilligan that 17 explains that the proposed use of the property is not permitted in the L1 District nor is a 18 conditional use permit. She stated that the City Attorney went on to explain that the 19 City does not have the authority to approve the request. She stated that the City 20 Attorney and Staff are recommending that the request be denied. 21 22 Chair Stromgren acknowledged that the applicant, Patrick O'Connor, was not present. 23 24 Dennis Cavanaugh, 2909 St. Anthony Boulevard, stated that because the applicant did 25 not withdraw the application it should be stated, for the record, that a resident supports 26 the letters of recommendation noting the incompatibility of the proposed commercial 27 business in a light industrial zone. 28 29 Chair Stromgren closed the Public Hearing at 7:17 p.m. 30 31 Commissioner D. Jensen noted that the applicant appears to have met a portion of the 32 code requirements and questioned whether this could be a situation where the 33 applicant went in believing he had met all of the zoning labels and found, after money 34 was collected for permits, that the proposed application was not in compliance with the 35 zoning code. He asked if the dollars paid would be refunded or prorated back to Mr. 36 O'Connor. 37 38 Ms. Moore-Sykes acknowledged that there have been situations where dollars have 39 been refunded due to misunderstandings. She explained that in this case Mr. 40 O'Connor already had signed the purchase agreement and the project had already 41 started when he came in, as an afterthought, to the City to review his plan and 42 determine his options. She stated that Mr. O'Connor discussed variance options with 43 Staff and was told that possibly the only way he would be allowed to have his business 44 on this site was with a conditional use permit. 45