HomeMy WebLinkAboutZ-9272 Staff AnalysisDecember 14, 2017
ITEM NO.: 2 FILE NO.: Z-9272
NAME: Springer Chicken Food Store under 5,000 square feet
with sales of beer or wine — Conditional Use Permit
LOCATION: 4616 Springer
OWNER/APPLICANT: Chang Ho Lee/Young Chun
PROPOSAL: A conditional use permit is requested to allow this
existing food store under 5,000 square feet in area
to have sales of beer or wine. The property is
zoned C-3.
STAFF REPORT:
The property is zoned C-3 which permits the food store (basically a convenience
store without gas pumps). The property is located at 4616 Springer Blvd. The
issue is Chapter 4, Section 4-93 of the code which states: "it shall be unlawful to
sell beer or light wines within 300 feet of any church in the residential section of
the city. The residential section of the city shall be any part thereof that is
outside of the fire zone as now or hereafter be fixed by the board of directors.
The business section of the city is that part of the city within the fire zone. The
distance shall be measured from the nearest point of the church to the nearest
point of the building where the beer or light wine is sold." The property is not in
the fire zone. It is directly adjacent to a church and well within the noted 300 foot
separation.
STAFF RECOMMENDATION:
Staff recommends withdrawal of the CUP as the proposed sales of beer at this
location is in violation of Chapter 4, Section 4-93 of the Code of Ordinances.
PLANNING COMMISSION ACTION: (DECEMBER 14, 2017)
The applicant was not present. There were no objectors present. Staff informed
the commission that the proposed sale of beer at this location is in violation of
Chapter 4, Section 4-93 of the Code of ordinances. Staff recommended
withdrawal of the item. There was no further discussion. The item was placed
on the consent agenda and approved for withdrawal by a vote of 10 ayes, 0 noes
and 1 absent.