CCP 03-11-2008 - Laserfiche WebLink

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Approved #andon Krasch, 532 3`dAve NW, stated that he believes that shutting the car wash down at 10 pm is not a tionbyitself and a berm would not be adequate either, since it may only deflect the sound. He is willing to k with the applicant over the next month to come to a solution. Foster stated that at the neighborhood meeting they understood the neighbors would like the system to be enclosed and that is where they are focusing their attention. The applicant is considering which of the two solutions is the most cost effective. They asked the Commission to allow them to continue to operate as is for thirty days until a solution can be further researched. Gundlach stated that staff would continue citing the applicant every day that they are in violation, as time permits, and the Commission could consider revoking the Special Use Permit since they are violation of a condition, which would mean that they would not be able to operate the gas station at all. Staff has not considered taking this action, but it would be an option if no progress is made over the long term. Baker asked if there are any hours placed on the car wash right now. Gundlach replied that there are no hours of operation on the Special Use Permit. Baker stated that if they are going to continue to operate; then hours of operation should be placed on the car wash. Gundlach replied that it is only appropriate for the Commission to encourage the applicant to place hours of operation upon the car wash but legally that is not something the City can require at this point. Foster replied that Kroona is willing to shut down the car wash from 10 pm to 6 am. Zisla stated that he does not believe the applicant's Special Use Permit should be revoked at this time, since they are willing to come up with a solution and supports the addition to the car wash. He also believes a decision regarding hours of operation or enforcement should be made by staff and the City's attorney if and when it is legal. Gundlach replied that if in thirty days there is no solution, and then staff could reevaluate eforcement options. O'Keefe stated that since the berm was not included in the solution report from Orefield Labs, he would not support this as a solution based on his professional experience with this issue. Motion by Zisla, second by Baker to TABLE THE PUBLIC HEARING AND CONTINUE IT UNTIL THE FEBRUARY 2008 MEETING. O'Keefe thanked the residents for their testimony; it was very persuasive in discussion. 6 ayes, 0 nays. Motion Approved. Public Hearing: SP2008-001 Special Use Permit to Allow an Attached Garage Addition Whereby the Total Garage Square Footage Will Exceed 624 s.f. Gundlach reported that the applicant is requesting approval of a Special Use Permit to permit construction of an addition to the existing attached garage at 823 Torchwood Court. The proposed addition is approximately 262 square feet with the existing garage measured at 736 square feet. This amounts to a combined square footage of 998 square feet, functioning as a 4 -car garage. Zoning Code Section 4-530 (E) allows accessory buildings, including attached garages, to be constructed to a maximum square footage of 1,064 square feet subject to conditions, but anything in excess of 624 square feet is subject to review and approval of a Special Use Permit. Vhe proposal meets all other Zoning Code standards with regard to setbacks, structural coverage, and height. Page 3 of 6