Laserfiche WebLink
RESOLUTION 2007 -005 <br />RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION <br />DENYING A REQUEST TO OPERATE A RESTAURANT IN CONJUNCTION WITH <br />RETAIL SALES (POWELL'S SWEET SHOPPE) ON PROPERTY ZONED C -2. <br />APN: 510 -44 -032 <br />CONDITIONAL USE PERMIT: U -07 -4 <br />PROPERTY LOCATION: 35 N. SANTA CRUZ AVENUE <br />PROPERTY OWNER: RITCHIE ASSET MGMT CO. <br />APPLICANT /APPELLANT: KNOTT FAMILY RESTAURANT/NEIL KNOTT <br />WHEREAS: <br />A. This matter came before the Town Council for public hearing on December 18, 2006, <br />and was regularly noticed in conformance with State and Town law. <br />B. Council received testimony and documentary evidence from the appellant/applicant <br />and all interested persons who wished to testify or submit documents. Council considered all <br />testimony and materials submitted, including the record of the Planning Commission proceedings <br />and the packet of material contained in the Council Agenda Report dated December 11, 2006, along <br />with subsequent reports and materials prepared concerning this application. <br />C. The applicant is requesting approval to sell gelato in conjunction with an existing <br />1,898 square foot retail candy store. The store currently contains four seats within an area to watch <br />television. No additional seats are proposed. The applicant operates from 10:00 AM to 11:00 PM <br />seven days a week. The major portion of the business is retail and has been conditioned as such. <br />D. The application was considered by the Planning Commission on October 11, 2006, <br />which acted to deny the application under the impression that the applicant knowingly sold gelato <br />without discussing this portion of his business with Town staff and obtaining the required <br />approvals. Subsequent to the hearing, staff became aware that the applicant did indeed discuss <br />