Shadow Rock-Gold Key Neighborhood Association

Update answers from Chief of Staff

Mar 09, 2007

3-9-07 update

This most current response from the city regarding use permit issue.
email from:
Chris Smith
Chief of Staff to Councilwoman Bilsten

Dear Mr. Anderson,

Pursuant to your request I have provided answers to your questions;

1. Can you provide a short synopsis of our conversation outlining the information provided to the zoning board which led to the original decision of February 28, 2007 being overturned.

First, let me make it clear that the decision was not overturned, it was "voided". The Planning staff, in response to your concerns researched how the property was posted for the public hearing and determined it to be in violation of our posting requirements and the State's open meeting laws. The applicant must start over. However, the staff has found that they did not take the City's new spacing requirements into consideration. The Councilwoman asked if the store that sells antiques also counts as a second hand store, and it does. It will be very unlikely that they will be able to hold another hearing without addressing this issue.

2. Can this decision be appealed, by any of the applicants involved, who tried to acquire the original change request in zoning use for the building.

No, the action to approve the Use Permit was "voided".

3. Will the ZA be mailing out a copy of the overturned decision to the Parties Interest, who originally opposed this zoning use change, in that they have already received a letter from the Zoning notifying them of the original decision.

The Planning Department is notifying the parties involved and others that contacted them. This request was for a Use Permit, not a zoning change.

Darrin Webb told me tonight that they property owner assures him that the "deal is dead". Peggy will continue to work with staff and the neighbors regarding this Use Permit application. Her offer to provide a lunch and information on this process still stands for you and your neighbors, if you need additional assistance.

Thank you for your kinds words of appreciation. I am glad that we were able to talk before your neighborhood meeting last Saturday. Feel free to contact me at home on the weekends 978-6346 or 261-8623 at the office.

Chris Smith
Chief of Staff to Councilwoman Bilsten