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<br />Excerptfrom the Board of Zoning Adjustments Meeting Minutes June 7,2007 <br />Minute No. 2007-11 Page 8 of8 <br />for a national chain that operated in six states, and buying internationally, to be defined as <br />a neighborhood grocery store. The facts they had submitted and their testimony seemed <br />to indicate that they were not a neighborhood grocery store. The amendment to the <br />Zoning Code was passed by City Council about six months before the TOD moratorium <br />went into effect and eight or nine categories were added to Section B of the Conditionally <br />Permitted Uses in the CD District. Any usage over 10,000 square feet became <br />conditionally permitted. The clear legislative intent had to do with impact and Grocery <br />Outlet, by their presentation, indicated a potential impact. He agreed with upholding <br />staff s determination. <br /> <br />Member Daly stated that Grocery Outlet had many positive qualities. However, the issue <br />before this Board was whether it was a supermarket or a neighborhood grocery store. The <br />evidence presented to the Board clearly demonstrated Grocery Outlet was a supermarket <br />and was subject to a Conditional Use Permit. He also agreed with city staff. <br /> <br />Motion to deny the appeal of PLN2007-00029 <br />and <br />uphold the Zoning Enforcement Official's determination <br />(Pearson/Shields; 6 Ayes, 0 Noes, 1 Ahsent-Marr) <br /> <br />Secretary Penaranda announced that the Board of Zoning Adjustments decisions were <br />final and could be appealed to the City Council by filing a form with the City Clerk <br />within 15 calendar days of the denial, which would be the end of the business day on <br />Friday, June 22, 2007. The form shall specifically state the reason for the appeal. An <br />appeal fee was required. <br /> <br />END OF EXCERPTS <br />