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HomeMy WebLinkAboutReclaim Jurisdiction of a Change of Use and Certificate of Appropriateness, Brown Building, 600 N. Wallace Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Keri Thorpe, Assistant Planner Tim McHarg, Planning Director SUBJECT: Request to Reclaim Jurisdiction of A Change of Use and Certificate of Appropriateness application, including a deviation request, to allow a 1,832 square foot restaurant on the first floor of the building located at 600 N. Wallace Avenue, zoned HMU (Northeast Historic Mixed Use) District. The HMU District restricts the size of restaurants to 1,500 square feet. MEETING DATE: January 23, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Staff recommends the City Commission reclaim jurisdiction based on 1) the applicant’s rationale (see reclaim request from applicant) and 2) the inability of the BOA to assemble a quorum to hear the deviation request until their April meeting. RECOMMENDED MOTION: I move to reclaim jurisdiction of the Brown Building Restaurant Change of Use and Certificate of Appropriateness with Deviation application #Z-11288. BACKGROUND: Property owner Putter Brown of Brown Building, LLC, represented by Ben Lloyd and Laura Landon of Comma Q Architecture, has submitted an application to establish a new restaurant which exceeds the allowable square footage for a restaurant in the HMU District. The deviation request was scheduled to be heard by the Board of Adjustment (BOA) on January 10, 2012, but the applicant requested the public hearing be opened and continued until the February 14, 2012 meeting. Shortly thereafter, the applicant requested the City Commission reclaim jurisdiction. Staff learned at the January 10th BOA meeting that the BOA is unable to form a quorum to hear this application until April. This is due, in part, because one BOA member is employed by the applicant’s representative, Comma Q Architecture, and therefore, must recuse himself. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: The City Commission may choose to not reclaim jurisdiction of the application, and therefore, the BOA would be the final decision making body. FISCAL EFFECTS: None at this time. Report compiled on: January 12, 2012 Attachments: Reclaim Jurisdiction Request from applicant 62 63