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HomeMy WebLinkAboutReso 018-84 HollandBrassCUP NO RESOLUTION NO. 18 - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DENYING PA 83-091 HOLLAND BRASS SALES CONDITIONAL USE PERMIT TO SELL BRASS NOVELTY ITEMS TEN TO FOURTEEN SEPARATE DATES IN 1984 WHEREAS, Charles Holland filed an application for a Conditional Use Permit to allow an outdoor sale of brass novelty items on several dates in 1984, at 7249 Village Parkway; and, WHEREAS, the Planning Commission did hold a public hearing on said application, on January 16, 1984; and, WHEREAS, proper notice of said hearing was given in all respects required by law; and, WHEREAS, the Planning Commission, at said hearing, adopted a Resolution denying Charles Holland's application; and, WHEREAS, Charles Holland appealed the Planning Commission action to the City Council; and WHEREAS, the City Council considered said appeal at a public hearing on February 13, 1984; and, WHEREAS, proper notice of said hearing was given in all respects as required by law; and, WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and, WHEREAS, a Staff Report was submitted recommending that the application be denied; and, WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby deny Charles Holland's appeal on the basis that: 1) The use will not be in conformance with the intent of the Zoning Ordinance as the use involves the retail sales of goods outside of an enclosed building; 2) The use will give the applicant a competitive edge over other merchants who have rented retail commercial space; 3) The use, if allowed will encourage additional peddlers to sell their crafts at various street corners within the City, resulting in enforcement problems and conflicts with established merchants; 4) The use conflicts with the policy of the CitY which is to limit retail sales to an enclosed building. PASSED, APPROVED AND ADOPTED this 13 th day of ~hrl]ary , 1984. AYES: Councilmembers Drena, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None ~.~~~~_~ '~ Mayor~ ~/ - Ci~-C2erk -- ~ DP 83-20