PC 10/23/85 - Laserfiche WebLink

Minutes Planning Commissic 10/23/85 MATTERS INITIATED BY COMMISSION MEMBERS Commissioner Lindsey stated that with regard to Case GP-85-10 he would abstain because of business reasons. Commissioner Wellman inquired about the park area relative to the canal and waterway along Hacienda Business Park. She was under the impression that there would be additional planting was required and asked staff to verify her recollection. Chairman Wilson announced that Board of Adjustment and Design Commission members. OLD BUSINESS - Public Hearings starting November 13, 1985 the Review Board would switch UP-85-29, Church of Divine Man Application of the Church of Divine Man for a conditional use permit to operate a religious institution at 328 St. Marys Street. Zoning for the property is CC (Central Commercial) District. Mr. Gee presented the staff report recommending approval of this application. He stated that the applicant is desirous of having a limit of 50 people instead of 30 as originally requested and required in the report. Commissioner Lindsey expressed concern that this use has been going on for at least four years and this is the first time the applicants have come before a public body. Commissioner Wellman asked Mr. Gee to review condition number five relevant to the number of persons who may be on the premises. Mr. Gee reviewed this item. Chairman Wilson addressed the letters written in 1981 and 1982 to which were not acted upon. The public hearing was opened. John P. Corley, Esq., 1056 Division Street, Pleasanton, stated the Church still has some question as to whether or not a conditional use permit is required as this is a pre-existing non-conforming use. The Odd Fellows have been renting the structure for Church purposes since 1907. The building was in fact constructed for church purposes and purchased by the Odd Fellows. The Church has filed for a conditional use permit at the request of the City, however, this is a pre-existing use which is legal under the City Codes. Mr. Corley indicted that the City Attorney, however, does not agree with the applicant's position in this matter. He asked that the condition stipulating a limit of 30 people be changed to 50. The Church is a single user with the exception of the Odd Fellows who meet twice a month on the premises. Mr. Corley then reviewed the parking requirements and use of the surrounding area including several restaurants pointing out that the Church and other uses are not .. . T