2A Public Hearing 2007 0709 - Laserfiche WebLink

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RED MOUNTAIN Retail Group June 12,2007 Ms. Marian Handa City Clerk City of San Leandro 835 E. 14th Street San Leandro, CA 94577 Re: Appeal of Board of Zoning Adjustments June 7th Determination, Proposed Grocery Outlet Neighborhood Grocery Store; 1550 E. 14th Street Dear Ms. Handa: Grocery Outlet proposes to establish its neighborhood grocery store within the former Albertsons building located at 1550 E. 14th Street in the City of San Leandro (the "Property"). In doing so, Grocery Outlet proposes no exterior modifications to the 25,000 square foot building. Rather, only interior modifications will be necessary for Grocery Outlet to open its neighborhood grocery store within the existing building. On April 25, 2007, we filed an appeal of Planning Manager Debbie Pollart's April 16th decision which deemed the Grocery Outlet proposal to be subject to the moratorium in effect for projects requiring discretionary approvals. She asserted that the proposed Grocery Outlet is was not a neighborhood grocery store but rather a "Supermarket" which could not be approved without the issuance of a conditional use permit; both because of the breadth of the goods staff believed would be sold at the market, and because the proposed market was over 10,000 square feet in size. She concluded that it was therefore covered by the interim urgency ordinance prohibiting consideration and approval of use permits, variances, and other planning entitlements on property which includes the former grocery store at 1550 E. 14th Street (the "Moratorium"). (Attached) In a letter dated May 1, 2007, the Zoning Enforcement Official (ZEO), William Schock supported her determination. (Attached) On May 3, 2007, we filed an appeal of the ZEO determination to the Board of Zoning Adjustment (BZA). The staff report for the BZA hearing recommended denial, again arguing that our proposed grocery use is a "Supermarket" which requires the approval of a conditional use permit. On June 7th, 2007, our requested appeal was denied by the BZA who agreed with the staff's conclusion that our proposed use was a "supermarket." By way of this letter and the application to which it is attached, we hereby appeal the BZA's , June 7, 2007, decision to the San Leandro City Council and request to be placed on the earliest available agenda. We have enclosed recent City correspondence for your consideration in addition to the required Appeal Application and Filing Fee in the amount of$260.00.