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HomeMy WebLinkAboutRES NO 286-05 RESOLUTION NO. '2 8 6;;' 0 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DENYING AN APPEAL BY MR. PAUL NESHEIWA T OF THE BOARD OF ZONING ADJUSTMENT'S REVOCATION OF A CONDITIONAL USE PERMIT CONCERNING THE SALES AND INSTALLATION OF AUTOMOBILE STEREOS AND OTHER AUTOMOTIVE ELECTRONIC ACCESSORIES IN A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE LOCATED AT 2520 BRUNDAGE LANE. (File No. 02-0064) WHEREAS, the Board of Zoning Adjustment approved a conditional use permit (File No. 02-0064) on March 12, 2002 to allow automotive repair and an automotive accessory parts store that included the sales and installation of stereos, tires, batteries, and other accessories at a site containing an existing 7,273 square foot building in a C-1 (Neighborhood Commercial) zone district at 2520 Brundage Lane; and WHEREAS, because a significant number of complaints from neighborhood residents and reports from the Bakersfield Police Department concerning excessive noise from the operation of the stereo business, said conditional use permit was brought before the Board for compliance review and consideration to revoke said permit; and WHEREAS, the Board through its Secretary set Tuesday, October 11, 2005, at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before them on said compliance review and revocation of the project, and notice of their hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at the public hearing said review was duly heard and considered, and the Board of Zoning Adjustment revoked the conditional use permit concerning only the sales and installation of automobile stereos and other automotive electronic accessories, and placed additional conditions on the automotive repair operations that were allowed to remain under said conditional use permit; and WHEREAS, a timely appeal was filed by Mr. Paul Nesheiwat, owner of the stereo business objecting to the Board of Zoning Adjustment's decision with the Clerk of the City Council: and WHEREAS, the City Council through its Clerk set November 30, 2005, at the hour of 5:15 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before them on the appeal, and notice of their hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, the City Council considered during the hearing, all facts, testimony and evidence concerning the appeal, including the staff report, deliberation and action by the Board of Zoning Adjustment. -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: A. The City Council hereby adopts the Board of Zoning Adjustment's findings as contained in their resolution (No. 05-21). B. The City Council hereby denies the appeal and upholds the decision of the Board of Zoning Adjustment. ----------000---------- 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 NOV ~ n innS , by the following vote: .~~ NOES: ABSTAIN: ABSENT: v ~ <-/' L-- ¿,.-- 1--.---- COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ~__ -J/" - - ~¢ HARVEY L.~ALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~7J1- ~ JGE S:\BZA~SPR\CUP'2()()2\02-0064 _ 2520 Bnmdage revocationlAppeal City Council Resolution.doc