HomeMy WebLinkAboutRES NO 109-01RESOLUTION NO. ~J~ 0 9 ' 0 ~.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
DENYING AN APPEAL BY PAUL BEALESSIO OF THE BOARD OF
ZONING ADJUSTMENT'S DECISION TO DENY A CONDITIONAL USE
PERMIT TO ALLOW THE OPERATION OF A RETAIL NURSERY IN AN OS
(OPEN SPACE) ZONE DISTRICT AT 8300 CAMINO MEDIA (P00-t002)
WHEREAS, Mr. Paul Bealessio filed an application with the City of Bakersfield
Planning Department for a conditional use permit (No. P00-1002) to to allow the operation of a
wholesale and retail nursery with a 960 square foot building to be used as an office in an OS (Open
Space) zone district at 8300 Camino Media; and
WHEREAS, said Board of Zoning Adjustment through its Secretary set Tuesday,
June 12, 2001, 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 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 the application was duly heard and considered, and the
Board of Zoning Adjustment approved the wholesale operation not open to the general public but
denied the request to allow a retail sales on the site; and
WHEREAS, a timely appeal was filed by Paul Bealessio objecting to the Board of
Zoning Adjustment's denial of the retail operation with the Clerk of the City Council; and
WHEREAS, the City Council through its Clerk set July 18, 2001, 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 the above mentioned public hearing(s), all facts, testimony and
evidence concerning the project was considered by the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
The City Council hereby adopts the Board of Zoning Adjustment's findings as
contained in their resolution (No. 01-23).
The City Council hereby denies the appeal and upholds the decision by the
Board of Zoning Adjustment to deny the portion of the conditional use permit
that would have allowed retail operations on the site.
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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 _]l_lL 1 ~ _~_n?,
by the following vote:
NOES:
ABSTAIN:
COUNCILMEMBER BENHAM, e~R'~-~)N', COUCH, ~, MAGGARD, SALVAGGIO, SULLIVAN
COUNCILMEMBER ~ 0 ~ ~'
COUNCtLMEMBER ~
COUNCILMEMBER {~(:~.,X3 ~,~..-.
CITY CLERK and Ex rk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN, City Attorney