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Memorializing City Council action taken on December 15, 2010 to adopt the decision and reasoning set forth in Planning Commission Resolution No. 10-76 and deny the appeal by Wilkerson & Hegna, PLLP - Kyle Hegna, Esq. on behalf of the property owner 2446 University Avenue, LLC.
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WHEREAS, 2446 University Avenue LLC, in PED Zoning File No. 10-797-728, duly filed an appeal to the Planning Commission, pursuant to Leg. Code § 61.701(c), from a determination by the Zoning Administrator that 10 parking spaces on the east side of the building at 2446 University Avenue cannot be used or counted for zoning purposes because the access to the said parking spaces is across an adjacent property; and
WHEREAS, the Planning Commissions Zoning Committee, pursuant to Leg. Code § 61.303, duly conducted a public hearing on September 16, 2010 where all persons present were given an opportunity to be heard and, at the conclusion of testimony, the Committee left the public hearing open and moved to lay the matter over for the purpose of allowing the City Attorney an opportunity to render an opinion on the matter; and
WHEREAS, on October 14, 2010, the Zoning Committee reopened the public hearing on the matter at which 2446 University Avenue LLC offered no additional information and having consulted with the City Attorney on the matter, the Committee moved the recommendation to deny the appeal and to recommend the same to the Planning Commission; and
WHEREAS, on October 22, 2007, the Planning Commission, based upon the record and all the evidence presented to the Zoning Committee at the said public hearings, as substantially reflected in the minutes, moved to deny the appeal of 2446 University Avenue LLC based upon the following findings of fact as set forth below from Planning Commission Resolution No. 10-76, dated October 22, 2010, which is also adopted and incorporated herein by reference:
1. The building at 2446 University has a mix of commercial uses: retail, office a...
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