04-0468R

RESOLUTION AMENDING RESOLUTION NO. 77-217 AND THE SPECIAL USE PERMIT GRANTED TO PIEDMONT HEIGHTS DENTAL ASSOCIATION, ELIMINATING THE 40 YEAR EXPIRATION DATE (PIEDMONT HEIGHTS DENTAL ASSOCIATES II C/O GW HARRIES).

BY COUNCILOR GILBERT:

WHEREAS, Piedmont Heights Dental Associates II has submitted to the city council, a request to amend Special Use Permit Resolution No. 77-217, which allowed construction and maintenance of a dental clinic on property described as Lots 2, 3 and 4, Block 3, Grant Park Division, to eliminate the 40 year expiration date; and said application was duly referred to the city planning commission for a study, report, and public hearing; and the city planning commission has subsequently reported its approval to the city council; and

WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood, if conditions are observed.

NOW, THEREFORE, BE IT RESOLVED, that the special use permit granted by Resolution No. 77-217 to allow the operation and maintenance of the dental clinic be amended to eliminate the 40 year expiration date.

RESOLVED FURTHER, that all other terms and conditions of Resolution No. 77-217 shall remain unchanged.


STATEMENT OF PURPOSE:  This resolution provides for the amendment of Resolution No. 77-217, which allowed the special use of this property for the operation and maintenance of a dental clinic. The applicant requested four changes to Resolution No. 77-217:

(a) Amend the original site plan (Public Document No. 66289) to add more parking areas on the south side of Ensign Street;
(b) Authorize the construction of a parking area and a sidewalk on the south side of Ensign Street;
(c) Delete the requirement for 20 additional off-street parking spaces; and
(d) Eliminate the provision for a 40 year expiration date.

A companion request for a concurrent use permit (Reference File No. 04053) to construct 11 diagonal parking spaces on the south side of Ensign Street accompanied this amendment request.

The planning commission recommended against all changes except the term of the permit. This amendment eliminates the 40-year expiration date only. All other changes from Resolution No. 77-217 remain unchanged.

The dental clinic has existed since 1977 and has followed code requirements. The 40 year expiration date does not appear necessary because safeguard such as the special use requirements and zoning code are in place to ensure conformity to land use codes.

The planning commission approved this resolution at its June 23, 2004, meeting by a vote of 9-1-1 (one in abstention).

Date Filed: May 11, 2004
Action Deadline: September 11, 2004