pages: PlanningBoard/2007-06-11.pdf, 11
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PlanningBoard | 2007-06-11 | 11 | nonconforming use, the findings could not be made for expansion of use and/or service. He noted that all four findings must be made because of the General Plan consistency issue to move forward. He suggested that the owner understand the process by which the zoning may be changed on this property, because he could not make the first finding. Mr. Zektser requested that this item be continued. In response to an inquiry by Member Ezzy Ashcraft, Mr. Thomas detailed the history of this use's previous expansion. He noted that there had been a tradeoff of auto service time for additional gas service time, with the thought that the auto repair hours had more impact than the gas service hours. He suggested hearing the applicant's thoughts on requesting a continuance. Ms. Mooney advised that the law was clear, as governed by the Alameda Municipal Code, regarding the findings that must be made by the Planning Board. At the same time, the Board's decision was also a quasi-judicial decision, and that whether this was the expansion of a legal nonconforming use was determined by the interpretation of the factual circumstances. She concurred that the applicant should be able to state his reason for requesting a continuance. Board member Ezzy Ashcraft moved to reopen the public hearing. Board member Kohlstrand seconded the motion, which carried by the following voice vote - 5. Absent: 2 (Mariani, McNamara). The public hearing was reopened. Mr. Zektser, applicant, noted that the Planning Board approved the expansion of the hours the first time in response to trading repair hours for gas service hours. He summarized previous Board actions in 2001 and 2002, and noted that they had invested a considerable amount of money for the Valero brand in order to serve the community better. He did not believe the traffic would increase, and that the children would remain safe while crossing the street. The public hearing was closed for Board discussion. President Lynch complimented the applicant on the manner in which he operates his business, and noted that he had clearly upgraded his service and provided excellent customer service. However, he noted that none of those items related to the first finding for him. He did not believe that the findings could be legally made, and would like the applicant to explore ways to legally accomplish that goal. Member Ezzy Ashcraft suggested subtracting hours from the repair hours, and adding them to the gas service hours. She would support continuing this item. Planning Board Minutes Page 11 June 11, 2007 | PlanningBoard/2007-06-11.pdf |