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 (Reference File No. 04054); 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 partial approval to the city council in which it recommends the elimination of the 40 year term, but otherwise recommends denial of all other requested changes; and

WHEREAS, the city council finds 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 as follows:
(a) To substitute the parking areas described on the drawing by Salo Engineering, Inc., entitled "Proposed Parking Layout for Piedmont Heights Dental," dated March 25, 2004, in place of the parking shown in Public Document No. 66289;
(b) To authorize the construction of a parking area, a low retaining wall, and a sidewalk on the Ensign Street side of the applicant's dental building, as also shown on said drawing by Salo Engineering, Inc.; and
(c) To delete from said existing special use permit the requirement for 20 additional off street parking spaces; and
(d) To delete from said existing special use permit the provision for expiration thereof 40 years from the date of approval by the city council.

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:

  • Amend the original site plan (Public Document No. 66289) to add more parking areas on the south side of Ensign Street;
  • Authorize the construction of a parking area and a sidewalk on the south side of Ensign Street
  • Delete the requirement for 20 additional off-street parking spaces; and
  • 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. The Planning Commission approved this one change at its June 23, 2004, meeting by a vote of 9-1-1 (one in abstention).

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 special use permit was originally acquired because the applicant's property is in an R-1-b, One Family Residential Zone, in which a dental clinic is not a permitted use except by a special use permit. A clinic of less than 10,000 square feet in floor area is an enumerated special use, which may be authorized by a special use permit under Sec.50-35 of the zoning ordinance. The existing parking provided on-site by the applicant does comply with the off-site parking requirement contained in Sec. 50-26(o) of the zoning ordinance; however, the existing on-site parking has been found to be inadequate for patients of the dental clinic.

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