HomeMy WebLinkAboutReclaim Final Approval of Baja Fresh Conditional Use Permit No. Z-10066.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Chris Saunders, Interim Planning Director
Chris A. Kukulski, City Manager
SUBJECT: Jurisdiction of Baja Fresh Conditional Use Permit/Certificate of
Appropriateness/Deviation and Encroachment Application (#Z-10066)
MEETING DATE: April 26, 2010
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission consider reclaiming final approval of
the Baja Fresh Conditional Use Permit/Certificate of Appropriateness/Deviation and Encroachment
Application, per Section 18.64.010 C.1 of the B.M.C.
BACKGROUND: On April 19, 2010, Erik Nelson with Thinktank Design Group, Inc, representing
Fresh Concepts, LLC (Baja Fresh), made a written request that the City Commission reclaim to itself
the final approval of the Baja Fresh Conditional Use Permit/Certificate of Appropriateness
(CUP/COA) with Deviation and Public Access Easement Encroachment application. The application
proposes the placement of an all alcoholic beverage license at 1459 North 19th Avenue in the
Stoneridge Square development. Said application includes a fenced outdoor seating area on the east
side of the building that necessitates a ten foot setback deviation and approval of an encroachment into
a recorded public access easement, (which covers the existing shared use path along North 19th
Avenue), which is a new/specific Commission consideration. The applicant’s rationale for the City
Commission to reclaim this review is included in the attached request. This application is tentatively
scheduled to be heard by the Board of Adjustment on June 8, 2010.
The City Commission public hearing date for this application can be tentatively set for May 17, 2010.
This date would allow all public noticing requirements to be met.
UNRESOLVED ISSUES: None identified, other than whether the Board of Adjustment or City
Commission will have final approval authority over this project.
ALTERNATIVES: 1) Claim jurisdiction; 2) Leave review with the BOA.
FISCAL IMPACTS: None identified with regard to this decision.
Attachment: Applicant’s Request
Report Complied on April 21, 2010
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