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.
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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
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