pages: CityCouncil/2005-07-19.pdf, 11
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CityCouncil | 2005-07-19 | 11 | issue would be corrected. Mr. MacDonald, the Applicant's attorney, responded that the Applicant has all materials ready to be submitted tomorrow; the Building Official cannot accept the application until after the zoning change is approved. Vice Mayor Gilmore stated the Planning Board does not have the authority to enact zoning changes and only makes recommendations to the Council therefore, the matter had to come before Council the matter before the Council is not approving the Central Cinema; the change will affect seventeen zones in the City; other people might consider a similar business if Mr. Haskett is successful; the approval is not for just one theater in one location; that she is concerned that there could be more than one boutique theater in a neighborhood. Mayor Johnson stated that she is interested in just rezoning the one C-1 district [at Central Avenue and 9th Street] noted the Council was not approving just Mr. Haskett's operation; stated Mr. Haskett could sell the business and neighbors might not like the new owner or the types of movies the new owner shows; the Rocky Horror Picture Show could be shown three times a day seven days a week; the City can only regulate adult movies; the approval would allow other cinemas in other areas with other operators; inquired whether there could be a restriction that if Mr. Haskett sold his operation, the Use Permit would not go to the next operator. Mr. MacDonald stated that he was asked to respond publicly as to whether they would consent to the request; the rule is that a Use Permit runs with the land and cannot be personalized the general rule is that there are considerations built into the Use Permit to allow the Use Permit to be revoked if things happen which are not consistent with the Use Permit. Mayor Johnson stated the City can only regulate adult movies; there might be another type of operator that would want to take over the business; the neighbors like Mr. Haskett and like what he is doing; her concern is that he might sell the business. Mr. MacDonald stated one reason people build up businesses is to have something that can be sold; not being able to sell the business means said effort could never be achieved; to regulate the type of movies or operators are over and above the terms of reasonably conditioned Use Permit and would destroy the value of the business. Mayor Johnson stated the neighbors should understand that if Mr. Regular Meeting Alameda City Council 11 July 19, 2005 | CityCouncil/2005-07-19.pdf |