04-0469R

RESOLUTION DENYING A CONCURRENT USE PERMIT REQUEST FROM PIEDMONT HEIGHTS DENTAL ASSOCIATES II TO CONSTRUCT AND MAINTAIN PARKING SPACES FOR PRIVATE USE IN THE ENSIGN STREET PUBLIC RIGHT-OF-WAY (PIEDMONT HEIGHTS DENTAL ASSOCIATES II C/O GW HARRIS).

BY COUNCILOR GILBERT:

WHEREAS, Piedmont Heights Dental Associates II has submitted to the city council, a concurrent use permit request to construct and maintain 11 private diagonal parking spaces for private use in the south 11 feet of the Ensign Street public right-of-way on property described as follows: that part of Ensign Street adjoining Lots 2, 3 and 4, Block 3, Grant Park Division, described as follows: beginning at the northeast corner of said Lot 2, thence west along the south line of Ensign Street 30 feet to the point of beginning; thence continuing west along the south line of Ensign Street 130 feet, thence north on a line perpendicular to said south line of Ensign Street 11 feet; thence east on a line parallel to the south line of Ensign 130 feet; thence south on a line perpendicular to the south line of Ensign Street 11 feet to the point of beginning;

and said permit 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 recommendation of denial to the city council; and

WHEREAS, the planning commission has recommended denial of the concurrent use permit request for the following reasons:
(a) The berm and vegetative plantings were intended to reduce and minimize the impact of the clinic on nearby homes. Removal would expose the clinic structure to nearby residents; and
(b) Diagonal parking increases the potential risk for accidents on Ensign Street.

NOW, THEREFORE, BE IT RESOLVED, that based on the above cited findings, the concurrent use permit request is hereby denied.


STATEMENT OF PURPOSE:  This resolution denies a concurrent use permit request by the Piedmont Heights Dental Associates II to locate parking spaces in the south 11 feet of Lots 2, 3 and 4, Block 4, Grant Park Division, which is located on Ensign Street, adjacent to the Piedmont Heights Dental Clinic.

The ordinance allows for the creation of 11 new diagonal parking spaces for use primarily by patients of the dental clinic during normal business hours. The applicant states that "This concurrent use, if granted, would be in the public interest in that it would reduce or eliminate the parking which now occurs on heavily traveled Piedmont Avenue, and would enable Piedmont Heights Dental Associates II to better accommodate its patrons and preserve employment in Piedmont Heights." A companion request to amend a special use permit accompanied the concurrent use permit request (Ref. Planning File No. 04053/Res. No. 04-0468.)

The planning commission recommended denial of this request by a 9-1-1(one abstention) at its regular June 23, 2004, meeting.