pages: PlanningBoard/2007-06-11.pdf, 12
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PlanningBoard | 2007-06-11 | 12 | Vice President Cook wished to remind the audience that the risk in use permits was that a less scrupulous owner may take a use over from a more conscientious owner. Ms. Mooney explained the details of use permits and conditional use permits, and noted that it was customary to have conditions on a use permit. Mr. Thomas noted that any supporter of this project must be able to argue that this would not be an expansion of use. He believed the only way that could be argued would be do equate seven hours of auto repair to 20 hours of gas sales, because gas sales have much less impact on the neighborhood than auto repair. Staff believed it could make that finding. He noted that the other option, as suggested by President Lynch, was to step back, resubmit for a rezoning to a Neighborhood Commercial district. In that case, the project would still require a use permit, but it would not be a nonconforming use any more if the rezoning was approved. He noted that the hours would run with the land. Vice President Cook noted that a rezoning would allow her to make Finding 1, and that she had no problem making Finding 2, but still had problems with Findings 3 and 4. Board member Cunningham believed that there must be a balance between convenience and neighborhood compatibility. He noted that a planning document can help guide that process for the neighborhood. Board member Kohlstrand recalled the rezoning experienced by her parents' home, which resulted in three address changes. She noted that a rezoning to commercial would be consistent with the use that has remained on the site for many years, and found that more compelling than continually dealing with the nonconforming use issue. Ms. Mooney noted that the three-year clock would start from the date of any denial, and that it would be appealable to the City Council. Board member Cunningham moved to adopt Planning Board Resolution No. PB-07-22 to accept the staff recommendation to deny a Use Permit pursuant to Section 30-30.2 of the Alameda Municipal Code to extend the hours of operation for the Alameda Valero Gasoline Station, an existing legal nonconforming service station. Board member Kohlstrand seconded the motion, which carried by the following voice vote - 4. No: 1 (Ezzy Ashcraft) Absent: 2 (Mariani, McNamara). Planning Board Minutes Page 12 June 11, , 2007 | PlanningBoard/2007-06-11.pdf |