06 - MINUTES FROM VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES

Home Browse Search

Kent McIlyar stated yes, sir. Steve Walker stated the problem with saying this should be something that planning and zoning decides, is the fact that my client didn't have the opportunity. The council made a motion and voted at a council meeting to decide not to send this case back to planning and zoning and made the decision themselves to revoke the permit. The council also made a finding that the property doesn't fit within commercial -zoned property use. So this is the only remedy to come before you today. Mr. Walker stated he hasn't seen anything in the charter or in the zoning ordinances that say that the Board of Adjustments cannot grant a use variance. The reality is there was an interpretation made that it doesn't fall within commercial. It's not that were asking for a use variance. It's just that the city council decided this wasn't a commercial use and therefore it can't be on a commercially zoned piece of property. This is a recycling collection station not a recycling location where materials are going to be recycled not grinded or stripped or anything like that. Materials are going to be collected here. This is a commercial area that is next door to a car wash that is across the street from a gas station, which is next to another car wash that is next to Petco which are commercial businesses in the same location. Mr. Walker further stated Mr. Efrussy, with all due respect, says this ought to be the kind of thing that should be interpreted by staff. Well the staff did make an interpretation originally and said it was allowed and issued a building permit. It was only when it got political that the city staff and city council decided that this was not an appropriate type building to be on the location. We're here asking that you allow this property to be built on this location. It's a commercially zoned piece of property and this is a commercial business. It does involve semi - trucks coming in two or three times a day to make collections. Mr. Walker stated he assumes semi - trucks pull into Petco and delivers merchandise. Mr. Walker stated he knows the neighbors don't want this business in their neighborhood and they're all here tonight, but we're asking the board to do what the city staff was going to do until this became a political issue. We didn't need a use variance until political action took place and we had our building permit rescinded. So to the extent that's what it does require, then we're asking for it. Mr. Walker stated he doesn't know that it's not just an interpretation that this is a commercial business, and it can go on a commercially zoned piece of property just like all the other commercial businesses in the area. There's also a storage unit right outside the Morningside entrance. Mr. Walker stated he just wanted to respond to the idea that this board doesn't have the authority or power to do that. He doesn't believe that the city charter or that the zoning ordinances make that affirmative statement anywhere that he could find. Mr. Walker would assume the city is not in a regular habit of issuing people building permits, stating it's okay to build a building, and then after they start construction revoking that permit and making them stop. Mr. Walker stated he believes that it is an unusual situation and certainly may require an unusual process. Thank you. Louise Hagood stated she has a question for Mr. Walker. Does Tri-State have any other depot collection centers if so what was the process you went through? Ben Glick stated we're a third - generation family business. We've been in the same