2A Public Hearing 2007 0709 - Laserfiche WebLink

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Excerpt from the Board of Zoning Adjustments Meeting Minutes June 7, 2007 Minute No. 2007-11 Page 70f8 grocery store or was it a supermarket? He considered the product mix, the type of store, how it was arranged. "If it looks like a duck, acts like a duck, walks like a duck, to me, it's a duck." It was clear, this was a small scale supermarket. Member Daly asked if he would have characterized Lucky' and Albertson's as supermarkets. ZED Schock replied that he would. Member Gilcrest asked the following questions: . Was he aware of any neighborhood grocery stores that limited their merchandise to only packaged goods? "Not particularly. " . What would the appellant have to be to meet the definition of a neighborhood grocery store? Neighborhood/specialty food market was seen as a whole. When an "and" was included, it meant that everything that proceeded and preceded the "and" was included. When one saw an "or" it meant "or. " He did not see that this appellant met the definition of a neighborhood/specialty food market. . Was his determination that this appellant more appropriately fit 2608 B. 30., which was supermarket? Correct. . If the appellant failed the definition of neighborhood grocery store and some argument was made that it did not arise to the definition of a supermarket, would a Conditional Use Permit be required for any retail sales over 10,000 square feet? Correct. Motion to Close the Public Hearing (Shields/Sidari; 6 Ayes, 0 Noes, 1 Absent-Marr) Vice Chair Pearson agreed with ZED Schock. Member Shields also agreed with ZED Schock and what had been set forth. Chair Goldt also agreed with staff. Member Gilcrest stated that the document the appellant had passed out to the Board refuted their claim. The study looked at a total population of 63,000 people. Given this study was done two years ago when the population of the City of San Leandro was estimated at about 75,000, their study, virtually, incorporated the whole town as their projected marketplace. San Leandro comprised approximately 15 square miles, of which almost half was non-residential. If a circle with a diameter of four miles would comprise 90 percent of their business, and slightly over eight of San Leandro's 15 square miles are residential, and a circle centered on their property contains at least four square miles of San Leandro residential, then at best they are arguing that 90 percent of their sales come from 45 percent of the residential units in the city. He questioned whether it was possible