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HomeMy WebLinkAboutJurisdiction of a Conditional Use Permit with Certificate of Appropriateness for Audrey's Pizza Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Tim McHarg, Planning Director SUBJECT: Jurisdiction of a Conditional Use Permit (CUP) with Certificate of Appropriateness (COA) and Deviation application for Audrey’s Pizza located at 401 E. Peach requesting to add a new outdoor seating area with onsite consumption of alcohol. The application includes a request for a 13 foot deviation from the required Rouse Street setback to the new outdoor seating area. MEETING DATE: August 29, 2011 AGENDA ITEM TYPE: Action RECOMMENDATION: The City Commission reclaimed jurisdiction for the original approval of the Audrey’s Pizza CUP/COA Application in 2010. Therefore, as this application proposes to modify elements of that approval, Staff recommends that the City Commission consider reclaiming the review of the Audrey’s Pizza Outdoor Seating CUP/COA with Deviation for outdoor seating and on site consumption of alcohol application, per Section 18.64.010 C.1 of the B.M.C., and further set a tentative public hearing date of September 19, 2011 for formal consideration of the proposal. RECOMMENDED MOTION: Based upon the fact the City Commission reclaimed jurisdiction of the Audrey’s Pizza site development and was the original approval authority for the project, I move to reclaim jurisdiction of the Audrey’s Pizza Outdoor Seating and Onsite Consumption of Alcohol CUP with Deviation application proposed for the same property. I further move to set the public hearing date on the application for September 19, 2011. BACKGROUND: Audrey’s Pizza and property owner Great Northwest Construction, representative Steve Schlegel, has submitted a CUP/COA with Deviation application to establish a new outdoor seating area which will include the outdoor consumption of alcohol in this seating area. The City Commission was the original approval authority for the CUP/COA application in 2010 that entitled the development. Planning Department policy requires that proposed major modifications to a project require the review and approval of the original approval authority. This is similar to the recent South Towne Square outdoor seating amendment that the City Commission reclaimed review as the original review/approval authority. UNRESOLVED ISSUES: None at this time. 33 ALTERNATIVES: The City Commission may choose to not reclaim jurisdiction of the application, and therefore, the Board of Adjustment would be the final decision making body. FISCAL EFFECTS: The standard application fee was received for the application and was added to the Department of Planning’s application fee revenue. Attachments: None. Report compiled on: August 16, 2011 34