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.
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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
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