3A Public Hearing 2012 0416 - Laserfiche WebLink

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Excerpts of the Board of Zoning Adjustments Regular Meeting Minutes January 5, 2012 Page 7 of 7 Member Makin said that Mr. McKinney referred to the CUP document in his packet during the September 1, 2011 meeting, so clearly he knew what he was agreeing to. Member Palma said that at first the situation appeared pretty black- and - white. She said she's still not clear what happened and why on the night of September 30, 2011. She also said that the conditions of approval spell out clearly that the permitted use is to operate a trailer rental and sales business, and any change deemed minor could be approved by the Community Development Director. If Mr. McKinney wanted something else, she said, he could have come to the City or petitioned the Director to ask whether he could make extra money by renting out the space. Member Palma also said she did not understand Mr. Dillman's claim that business owners have an inherent right to hold other kinds of events at their facilities. She noted that Mr. McKinney's landlord himself would not have approved such a request. Member Palma said that she doesn't want to discourage small business owners, adding that it would really be a shame for other business people to suffer any repercussions as a result of this situation. She said it's a hard lesson to learn about how not to do business, but it's clear what should and should not have happened. Member Mendieta said that it's clear a violation of the CUP occurred, and that his heart sank when he heard about the tragedy that resulted. He said that he certainly understands that Mr. McKinney never intended anything bad to happen, but things got out of control. He said that as Planner Penaranda had pointed out, the facility was not even equipped to accommodate the volume of people in the first place, and when more people than expected showed up, it should have been canceled. Mr. Dillman, in contrast to Mr. McKinney, Member Mendieta stated, has a CUP that allows him to hold public events at his place of business. At Mr. McKinney's place, it was an unauthorized activity that had tragic consequences. Acting Chair Houston said that the BZA covered the very specific uses of the facility in the September 1, 2011 meeting, with many questions, including questions about the hours of operation. Mr. McKinney had indicated then that the business would be pretty much a 9 -to -5 type situation, with customers coming in by appointment only. On occasions, he had stated that a customer might come in earlier or later, but not before 7:30 a.m. or after 7:30 p.m. Acting Chair Houston also stated that after examining all of the materials, she found no references to any public or community events. She said that this is a difficult situation, involving a good, well - liked tenant and a tragic loss of life. Motion to accept staff recommendation to revoke CUP PLN2011 -00021 Makin /Palma: 6 Aye, 0 No, 1 Recused (Daly) Secretary Barros said that decisions of the BZA are final unless appealed to the City Council, and appeals may be filed with the City Clerk's office within 15 days of the BZA decision.