HomeMy WebLinkAboutRES NO 193-97RESOLUTION NO. 1 9 8 - 9 ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD UPHOLDING THE BOARD OF ZONING
ADJUSTMENT'S DECISION TO DENY A CONDITIONAL USE
PERMIT TO ALLOW 36 METAL STORAGE CONTAINERS (11,520
S.F.) WHERE ONLY 400 S.F. ARE PERMITTED BY RIGHT AT 2601
FASHION PLACE. (P97-0614)
WHEREAS, Wal-Mart Stores, Inc. filed an application with the City of Bakersfield
Planning Department requesting a Conditional Use Permit (No. P97-0614) to allow 36 metal
storage containers (11,520 s.f) where only 400 square feet are permitted by right in a PCD
(Planned Commercial Development) zone district. The project is located at 2601 Fashion Place:
and
WHEREAS, said Board of Zoning Adjustment through its Secretary set Tuesday, October
14, 1997, at the hour of 5:30 pm., in the Council Chamber of City Hall, Bakersfield, California,
as the time and place for a public hearing before said Board on said application, and notice of said
hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of
Bakersfield; and
WHEREAS, at said hearing held October 14, 1997, the application was duly heard and
considered, and the Board of Zoning Adjustment denied the conditional use permit; and
WHEREAS, a timely appeal was filed by Wal-Mart Stores, Inc. objecting to the denial
with the Clerk of the City Council: and
WHEREAS, the City Council through its Clerk set December 3, 1997, at the hour of 7:00
p.m, in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a
public hearing before said Council on said appeal, and notice of said hearing was given in the
manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and
WHEREAS, at said hearing held December 3, 1997, and as continued to December 17,
1997, the appeal was duly heard and considered
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD that the decision of the Board of Zoning Adjustment regarding conditional
use permit P97-0614 is hereby upheld and the applicant's appeal is denied, and that the applicant
shall be in compliance with city ordinance concerning metal storage containers by January 4, 1998
or be subject to citation by the City Building Division
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on BFC ! ? ~?
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmember Demond, Carson, Smith, M~g~c-mott,
Councilmember ~'%~ t.5.x~. w,_...~:~:z.
Councilmember % ~.~.-q ./:
Councilmember y%t3v~'~-
Rowles, Sullivan, Salvaggio
CITY CLERK and EX OFFICIO9 (/LERK
of the Council of the City of B~sfield
APPROVED
13EC I l ~[99t'
RAND~ ROWLES
VICE-MAYOR of the
City of Bakersfield
APPROVED as to form:
SKOUS , CITY ATTORNEY
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