Loading...
HomeMy WebLinkAbout07/15/1997, 4 - OTHER 69-97: APPEAL OF PLANNING COMMISSION'S ACTION DENYING USE OF AN EXISTING UNUSED DRIVE-UP WINDOW FOR AN AUTOMATIC TELLER MACHINE (ATM) council 7_11F j acEnba nEpont umbw CITY OF SAN LUIS O B I S P O FROM: Arnold Jonas,Community Develo IL 9 Prepared By: Judith Lautner,Associate Planner I SUBJECT: Other 69-97: Appeal of Planning ommission's action denying use of an existing unused drive-up window for an automatic teller machine(ATM) CAO RECOMMENDATION Adopt a resolution denying the appeal, thereby upholding the Planning Commission's action and denying the drive-throughATM. DISCUSSION Situation The applicants want to install an Automated Teller Machine (ATM) in the drive-through portion of a bank. The Community Development Director determined that the drive-through has not been in use for over six months, and therefore is no longer a legal use. The applicants appealed that decision. The Planning Commission denied the appeal, thereby upholding the Director's action. The applicants appealed the Planning Commission's decision. Data Summary Address: 297 Madonna Road Applicant: Heritage Oaks Bank Property owner: Great Western Savings Representative: RRM Design Group Zoning: Retail Commercial(C-R) General Plan: General Retail Environmental status: Categorically exempt: Class 1, Section 15301: operation and minor alteration of existing structure, involving negligible or no expansion of use beyond that previously existing. Project action deadline: Action has been taken; the City Council is required by State law to hear appeals within 45 days of filing (by August 3, 1997). Action is not required to be taken at that time. Site description The site is a rectangular lot,almost an acre in size, on the southeasterly comer of El Mercado and Madonna Road. The site contains a bank and parking. Access is from El Mercado and from within the adjacent Madonna Plaza shopping center. Other 69-97 297 Madonna Road Page 2 EVALUATION 1. Drive-through facilities are not allowed in any zone. The zoning regulations prohibit drive-through facilities, in exactly these words (See Section 17.22.010). When the ordinance prohibiting them was adopted in 1982, the ordinance specifically allowed existing drive- throughs to remain, as legal nonconforming uses. The bank at the site has a drive-through window on the easterly side of the building, which was in place when the ordinance went into effect. 2. The drive-through window was not used for longer than six months. The bank discontinued use of the drive-through window many years ago. We do not have a record of when the drive-through use was discontinued, but personal observation by staff members confirms that the window has not been in operation for more than six months and possibly for at least five years. The zoning regulations say(Section 17.10.020.B.1) A nonconforming use which ceases for a continuous period of six months shall lose its nonconforming status and the premises on which the nonconforming use was located shall from then on be used for conforming uses. The drive-through is the only nonconforming use on this site, and that use has been discontinued for six months. Therefore it cannot be replaced by another drive-through. The use must now conform to current regulations. 3. The appellants say the use has not ceased operation. The letter from the appellants (attached) says The existing drive-thru was part of the prior bank's occupancy and use which has not been discontinued for.over six (6) months; and therefore, the existing drive-thru facility is an existing nonconforming use. The drive-thru facility was not a separate occupancy or use, it was part of the bank The bank did not cease operation but the drive-through operation did. The appellants feel the two cannot be divided, that it is one use. (See also minutes of the Planning Commission hearing, attached.) However, the two can and should be separated. The drive-through operation is not an integral and essential use to a bank. And a bank is an allowed use in this zone, whereas a drive-through facility of any kind is not. 4. The Planning Commission denied the use. On a 4-2 vote (one absence), the Planning Commission upheld the Director in determining that the drive-through operation could in fact be separated from the bank use and that because it had not been operated for more than six months, it must be replaced by a use that conforms to the regulations. Commissioners expressed concerns about handicap accessibility (the present ATM at this bank is accessible), the safety of persons using ATMs, and the potential for allowing drive- through ATMs outside the downtown area- These issues, the Commissioners agreed, would need to be addressed in the review of any change io the drive-through regulation, and not as a part of action on this specific request. Some Commissioners suggested that the Council consider amending the ordinance to allow more flexibility, because they felt that drive- . �'�- Other 69-97 297 Madonna Road Page 3 through facilities could be beneficial in some instances. The Commissioners voting no on the motion did so because they felt the two uses could not be separated and the bank was in continuous operation less than six months ago. CONCURRENCES Other departments have no concerns with this request. FISCAL IMPACT Approval or denial of the use will have no effect on the City's finances. ALTERNATIVES The Council may determine that the drive-through use has not ceased operation for more than six months continuously, if it has evidence to that effect, and thereby allow its continued use or a change to a drive-up ATM. The Council may continue action if additional information is needed. Any change to the City's drive-through'regulation would require an amendment to the text of the Zoning Regulations. Such an amendment would need to be referred to staff for policy analysis, environmental review,and community input. Attached: draft resolutions vicinity map letters from appellants letter of appeal letter from Development Review Manager minutes of June 11, 1997 Planning Commission hearing Jf"3 RESOLUTION NO. (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY DENYING USE OF A DRIVE-THROUGH WINDOW AT 297 MADONNA ROAD. (OTHER 69-97) WHEREAS,the Planning Commission conducted a public hearing on June 11, 1997 and denied an appeal of the Director's interpretation, thereby denying use of an existing drive- through window for an automatic teller machine;and WHEREAS,the applicant filed an appeal of that action; and WHEREAS, the. City Council conducted a public hearing on July 15, 1997 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff, and WHEREAS,the City Council has determinedthat the project is categorically exempt under Section 15301, Class 1 of the California Environmental Quality Act, because it is the use of an existing facility with no significant expansion of that use; BE IT RESOLVED,by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council,after consideration of the application Other 69- 97, and the Planning Commission's action, the appellants' statements, staff recommendations, public testimony,and reports thereof,makes the following finding: 1. The drive-through operation has ceased for at least six months. SECTION 2. Appeal denial. The request for use of an existing drive-through for an automatic teller machine is hereby denied, and therefore the Planning Commission's action is upheld. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this 15th day of July • 1997. �-y Resolution no. (1997 Series) Other 694 7 appeal 297 Madonna Road' Page 2 Mayoi Allea Settle ATTEST: City ClerkBonnie Gawf APPROVED AS TO FORM: o - -ey.J -- RESOLUTION NO. (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL OF THE PLANNING COMMISSION'SACTION, THEREBY APPROVING USE OF A DRIVE-THROUGH WINDOW AT 297 MADONNA ROAD. (OTHER 69-97) WHEREAS,the Planning Commission conducted a public hearing on June 11, 1997 and denied an appeal of the Director's interpretation, thereby denying use of an existing drive- through window for an automatic teller machine; and WHEREAS,the applicant filed an appeal of that action; and WHEREAS, the City Council conducted a public hearing on July 15, 1997 and has considered testimony of interested parties, the records of the Planning Commission hearing and action,and the evaluation and recommendation of staff; and WHEREAS,the City Council has determined that the project is categorically exempt under Section 15301, Class 1 of the California Environmental Quality Act, because it is the use of an . existing facility with no significant expansion of that use; BE IT RESOLVED,by the Council of the City of San Luis Obispo as follows: SECTION I. Fes. That this Council,after consideration of the application Other 69- 97, and the Planning Commission's action, the appellants' statements, staff recommendations, public testimony,and reports thereof,makes the following finding: [COUNCIL INSERT FINDING] SECTION 2. Appeal approved. The request for use of an existing drive-through for an automatic teller machine is hereby approved, and therefore the Planning Commission's action is overturned. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this 15th day of July . 1997. �-b • 1 Resolution no. (19019 enes) Other 69=97 appeal 297 Madonna Road Page 2 _. Mayor.Allen.Settle .ATTEST: City Clerk Bonnie Gawf APPROVED AS TO FORM Crty.Attomey:Jeffiey Jorgensen I. 00 C,,9 O� e VICINITY MAP OTHER 69;7 NORTH 297 Madonna Road RECEIVED R R M D E S I G N G R O U P APR 2 Architecture•Planning•Engineering•Surveying•Interiors-Landscape Architecture CITY OF8MLUIS OBM30 CCUWNmOEVElOP1,l Xr April 28, 1997 Mr.Ron Whisenand Development Review Manager Community Development Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Great Western Bank,Madonna Road—Install an ATM Dear Ron: I have read with great interest recent articles in the press about the City Council's goal-setting process. The high priority set by the City Council for revitalization of both Madonna Road Plaza and Central Coast Mall is appropriate and, in my opinion, is the type of encouragement needed for these property owners to continue their efforts at revitalization. As you are aware, Great Western Bank recently ceased operations at Madonna Road Plaza. This combined with the closure of First Interstate Bank is a severe blow to the efforts at revitalization and leaves this regional shopping area without banking services. However, a new opportunity is at hand for a replacement tenant. Heritage Oaks Bank would like to operate at this location and is in discussions with Great Western about this facility. In our recent meeting with you to discuss this matter, you indicated that because the drive-thru teller window has not been in use recently it may have lost its non-conforming use status. Prior to agreeing to move to this location, Heritage Oaks Bank would like to clarify this matter and resolve an issue. Heritage Oaks Bank would like to replace the existing drive-thru teller window with an ATM without being required to remove the existing driveway and exit curb cut at Madonna Road. Obviously, this is an opportunity to help Madonna Road Plaza and allow an existing local business already located in town to relocate and expand. It's a classic business retention opportunity - keep and expand our existing pool of employers/businesses. There are good reasons to support this request: 1. ATM machines are not prohibited by the zoning ordinance. 2. This building will be less viable for a new tenant if the existing driveway, curb cut, and teller window must be removed to accommodate them. The cost to demolish the teller window, overhead covering, driveway and curb cut and then replace the building wall and site improvements with new construction, landscaping and/or hardscape will be significant. These costs will deter reuse of this beautiful facility and delay the revitalization of Madonna Road Plaza. Leaving all of these improvements in place, but unavailable, for a new tenant to use is a waste of resources, lost opportunity, and makes this area an awkward part of the site which will just appear to have been abandoned. 3. Installing an ATM machine in place of the existing teller window but being required to remove the driveway will result in the new ATM being in an awkward, not very visible location on the site. This is not a good safety situation. Safety at ATM's is an issue locally and statewide there has even been discussion at the state level regarding legislation of security requirements at ATM's. Vehicle access to ATM's is a significant safety precaution for customers. San Luis Obispo-Oakdale ;;o1 South Hiyuern Street-San Luis Obispo.California 934o1 Phone:80;.543.1;94•Fax:S05.743.46o9 1 C:Jd.:n:.,:17.........�:.:c:LY.:rr\L u:rc.n,.u, L:::r:;r�:...... b­..%11,;,1,: NCE c:.Rat L;e,,.-r i Irl,F"!""L.'1•a5a+ Mr. Ron Whisenand Page 2 April 28, 1997 4. An ATM machine at this location could offer an opportunity for convenient, safe vehicle service for handicapped persons, senior citizens, persons who cannot do their banking during regular bank hours, and moms with small children just to name a few. The zoning ordinance does not prohibit ATM's and there is an argument to be made that an ATM accessible by vehicle is more environmentally friendly (in terms of vehicle emissions) than stopping, turning off your vehicle, walking to the ATM, walking back to your vehicle, starting your vehicle and leaving an ATM which is solely accessible by pedestrians. If you assume a person leaves their vehicle engine in operation while walking over to conduct a transaction at an ATM location, it may in fact be environmentally worse (i.e., more vehicle emissions) than leaving the existing driveway and having the option of vehicle accessibility. Observing an existing ATM such as the one at Wells Fargo Bank at Marsh Street or other curb side ATM's in San Luis Obispo will confirm this conclusion. 5. Madonna Plaza is a regional shopping facility and is very well positioned to attract customers from nearby highways. The majority of those customers will arrive and leave by vehicle. Providing these customers with convenient but limited banking services at an ATM either on foot or from their vehicle is an important aspect of providing good service and making the project attractive to tenants and their customers. Ron,as I mentioned, Heritage Oaks Bank and Great Western are currently in negotiations regarding this site and this matter is a significant component of Heritage Oaks Bank's consideration of this location. We would appreciate your immediate attention. We hope this opportunity to reinforce a high priority item on the goals list for the City, and provide safe, convenient banking services at this regional attraction will not be passed up. With the addition of this ATM, there would be two (2) machines on site; one available for service solely to pedestrians and bicyclists and, one available to vehicles and/or bicyclists. If we, or our client, can provide you with additional information please don't hesitate to contact me at 543- 1794. Sincerely, RRM DESIGN GROUP Victor Mont Chief rve icer c: All ettle,Mayor,City of San Luis Obispo e bens of San Luis Obispo City Council cVey,City of SLO Economic Development Manager Larry Ward,Heritage Oaks Bank Tai Martin, Mark J. Smith Company v/xa97018\govt\vm-W hisenandInstallATM R R M D E S I G N G R 0 U P Architecture-Planning-Engineering-Surveying Interiors Landscape Architecture May 15, 1997 Via Far: 781-7173 Mr. Ron Whisenand Development Review Manager Community Development Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Heritage Oaks Bank -- Request to Replace an Existing Drive-thru Teller Window with an ATM Dear Ron: We recently received your letter indicating that in the staffs interpretation this cannot be accomplished consistent with the City zoning ordinance. We herewith request an appeal hearing(s)regarding this matter. The reasons for the appeal are as follows: 1. ATM's are not prohibited by the zoning ordinance. 2. The existing drive-thru was part of the prior bank's occupancy and use which has not been discontinued for over six (6) months: and therefore., the existing drive-thru facility is an existing nonconforming use. The drive-thru facility was not a separate occupancy or use, it was part of the bank. 3. The proposed ATM will be consistent with the protection of public safety by providing a safe location for use of an ATM. It will be consistent with protection of public health and welfare by providing convenient ATM services for handicapped persons. Please let-.i,:know the process and daters,for a--o 21 -4 —Z as 00 Pe eadr.5- s n as pc�sible. Sincerely, RRM DESIGN GROUP Victor on AIA Chief E ^utiv icer cc: ard, Heritage Oaks Bank T in, M.J. Smith&Co. IR ECEIVED I Settle, Mayor of San Luis Obisp San Luis Obispo City Council Members MAY 1 01997 v/a97006\govt\vm-Whisen.Appea1 Crry OF SAN LUIS OBISPO WILINTY DEVELOPk4FWF Son Luis Obispo-Oakdale ,01 South Higuera Street-San Luis Obispo.California 93401 Phone:SO; ;4-, 1-94 Fax:S05 ;4.-,.46og ............. ....... �II�I� ILII 'Itof sAn luis OBISPO APPEAL TO THE CITY COUNCIL In accordance with the appeals procedures as authorized by.Title, 1, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of 4 s: rendered on J KK c l l M7- which consisted of the following (i.e., explain what you are appealing and the grounds for submitting.the appeal. Use additional sheets as needed.) . See G gkJ%.e J The undersigned discussed the decision being appealed with: Rb-. Lj ,St Avj &mJ �w� .ilon I15 Ifs Name/Department (Date) Appellant fr;� . dam . c 4 53Yai Name/Titre Mailing Address (8r Zip lode) Home Phone Work Phone n Representative: :c� lM�� a it ►SRM '3 vk So. !�: ver 4 f-TY6 Name/Title Mailing Address I& Zip Code) For Official Use Only: Calendared for Date &Time Received: C.* City Attorney City Administrative Officer Copy to the'follllowing department(s): /f. r/oNRS RECEIVED J U N 19 1997 SLO CITY. CLERK Original in City Clerk's Office n RECEIVED JUN 1 91991 R R M D E S I G N G R O U P Architecture•Planning•Engineering•Sur,eying•Interior:•Landscape Architecture WY OF SAN WISOBISPO "wWNRyOEVELOP�pr June 16, 1997 Mr. Ron Whisenand Developmcmr Review Mama= a� Community Development Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Heritage Oaks Bank -- Appeal of Planning Commission denial of proposed new ATM machine Dear Ron: On behalf of our client, Heritage Oaks Bank, we hereby request that an appeal hearing of the above referenced matter be scheduled for consideration by the City Council. I would appreciate your cooperation in scheduling this matter after July 7, 1997 when I will return from out of town. Thank you for your attention to this matter. Please contact me as soon as an appeal hearing date is established. Sincerely, RRM DESIGN GROUP IE�x rne ,icerard, Heritage Oaks Bankrtin, Mark J. Smith Company RWappeal Snu Luis Obispo•Oakdale -oi South Higuen Srrcet•San Luis Obispo.California q;qot Phone:So;.54.-, 1-94 . Fix:SO:.,ii.ihoJ 3 ��►����►���ni����►11►i1lIIlIIIIIIDi�"""►iii II II city Of SAn luis OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 May 5, 1997 RRM Design Group Atter Victor Montgomery 3701 South Higuera St. San Luis Obispo, CA 93401 Subject: New ATM; 297 Madonna Rd. Dear Vic: Thank you for your letter of April 28, 1997 wherein you express interest in assisting with the City Council's goal of revitalization of the Madonna Plaza and Central Coast Mall. We are certainly pleased to hear that Heritage Oaks Bank would like to re-locate to the center thereby providing needed banking services to the Laguna Lake area We will be happy to assist you and your clients in anyway possible to achieve their move to this new facility. Since the use will replace an existing bank in a zone that allows this type of facility,I do not see any land use permits that will need to be obtained. Certain interior or exterior modifications to the building may involve building permit processing. Our Building Division will be happy to work with the designer in order to ensure quick delivery of any construction permits that may be required. As far as ATM service,we note that the structure has an existing ATM located at the front of the building in a safe well lighted area We understand that Heritage Oaks would like to construct a second ATM machine where the discontinued drive-through teller window was once located. You would like to take advantage of the existing driveway in order to provide a new drive-up ATM machine that could be used by customers in vehicles or on bicycles. As you may know,Section 1722.010 of the City's Zoning Regulations states that; "Drive-through facilities are not allowed in any zone." Section 17.04.130 defines a "drive-through facility" as "...one in which vehicles line up for service at definite spots and where customers are served without leaving their vehicles." It appears from your description that the new ATM service would primarily serve customers from their cars and as such,would be defined as a"drive-through facility"by our Zoning Regulations. We will therefore be unable to approve the second ATM. You mention in your letter that demolition of the teller window and abandonment of the driveway would be required should your request for a drive-through ATM not be approved. I am unaware of any City regulation that would require the elimination of these improvements,and it would be your client's choice to make changes of that type. After all,the existing arrangement has been unused for many years and remains in place. With this in mind, reusing this banking establishment with its existing safe and convenient ATM service,will now perhaps be more financially feasible for your clients. �� The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. � /�f RRM Design Group May 5, 1997 Page 2 Again,we are pleased with your interest in the revitalization efforts underway at Madonna Plaza. Our staff is available to assist in any permit processing that may be required in order to accommodate Heritage Oaks Bank. Please keep in mind that pursuant to Chapter 17.22 of the City's Zoning Regulations, our determinations are appealable to the Planning Commission. Should you wish to have the issue of drive-through ATM service heard by the Planning Commission, a written appeal must be filed within 10 days of the date of this letter. Sincerely, Ronald Whisenand Development Review Manager Cc: Mayor and Council John Dunn, CAO Arnold Jonas, Community Development Director Jane McVey,Economic Development Manager Tom Baasch, Chief Building Official e CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF R PORT ITEM 01 BY: Judith Lautner, Associate Planner MEETING DATE: June 11, 1997 FROM: Ron Whisenand, Developmenteview Manage FILE NUMBER: Other 69-97 PROJECT ADDRESS: 297 Madonna Road SUBJECT: Appeal of Director's determination that a drive-through ATM is not allowed at this site:- RECONMIENDATION Deny the appeal,thereby upholding the Director's action denying the drive-through ATM. BACKGROUND Situation. The applicants want to install an Automated Teller Machine (ATM) in the drive-through portion of a bank The Community Development Director has determined that the drive-through has not been in use for over six months, and therefore is no longer a legal use. The applicants have appealed that decision. Appeals of Director determinations are heard by the Planning Commission. Data Summary Address: 297 Madonna Road Applicant: Heritage Oaks Bank Property owner. Great Wester Savings Representative: RRM Design Group Zoning: Retail Commercial(C-R) General Plan: General Retail Environmental status: Categorically exempt: Class 1, Section 15301: operation and minor alteration of existing structure, involving negligible or no expansion of use beyond that previously existing. Project action deadline: August 17, 1997 Site description The site is a rectangular lot,almost an acre in size, on the southeasterly comer of El Mercado and Madonna Road. The site contains a bank and parking. Access is from El Mercado and from within the adjacent Madonna Plaza shopping center. y/6 Draft Minutes Planning Commission Meeting June 11, 1997 Page 2 1. 297 Madonna Road: Other 69-97: Appeal of the Community Development Director's decision denying a drive-through automated teller machine (ATM); C- R Zone; Heritage Oaks Bank,appellant. Associate Planner Lautner presented the staff report, recommending denial of the appeal, thereby upholding the Director's action denying the drive-through ATM. The public hearing was opened. Victor Montgomery, applicant's representative, submitted his letters of April 28, 1997 and May 15, 1995. He stated staff presents the case that the bank and the drive-through are two separate uses and that the drive-through is not an integral part of the bank use. Mr. Montgomery's clients disagree. The bank and the drive-through were not created as two separate uses and were accomplished under a single permit and established in a single space. He didn't believe Great Western Bank was ever notified that they were operating two separate uses which would be regulated separately. There's no a change of use, but a change of tenant and it's triggering the call on nonconformity. The drive- through exists and. they are proposing changing approximately 16 s.f. of wall surface from a glass window to an ATM. There is nothing in the regulations that prohibits ATMs. The drive-through is a part of the bank operation and not a separate use. It is important to the bank to have the ATM. Commissioner Jeffrey asked if the previous tenant used the drive-through window. Mr. Montgomery stated Great Western occupied the facility until April 11 and the window was not in operation. He repeated that the drive-through is not a separate use. The bank was established with this use. There was no separate pemmit for the drive- through. Director Jonas said he believes the bank predated the ordinance; therefore, there was no objection to a drive-through being established at that time. With the adoption of the ordinance, the drive-through feature became nonconforming and subject to all the regulations of the nonconforming ordinance. If a this particular aspect of the operation is not used for six months or longer, than it loses its nonconforming status and cannot be reestablished. 0 In answer to a question from Commissioner Ashbaugh, Manager Whisenand stated the entire building and existing ATM are handicap accessible. Draft Minutes Planning Commission Meeting June 11, 1997 Page 3 Mr. Montgomery stated the safety of ATMs are being discussed statewide. Access is available, but isn't convenient and is not as safe. Users are standing there with cash. Commissioner Ready asked if this window has been used in any way in the last six months. Director Jonas stated an occasional use would not constitute frequent and continuous use. Manager Whisenand has used this particular bank for years and has never seen the window in operation. He stated ATMs are allowed uses, but drive-through facilities are not. The issue is larger than this one bank. Commissioner Ready asked how many nonconforming drive-throughs exist in San Luis Obispo. Mr. Montgomery said he knew of four. Director Jonas stated the goal of the ordinance is to eliminate drive-through facilities. Commissioner Jeffrey asked the average length of use of ATMs. Mr. Montgomery replied 30 seconds to one minute. Commissioner Jeffrey noted the Commission has approved self-service car washes where motors are left running from three to five minutes. In effect, it is a drive-through situation. He feels this may be a double standard. Director Jonas stated the nature of mechanical car washes requires vehicles to travel through them. Associate Planner Lautner added it is not essential to go through a drive-through for banking transactions, but it is essential to drive a car through a car wash. Commissioner Kourakis asked about the original argument against drive-through facilities. Associate Planner Lautner stated original concerns were cars idling and interference with pedestrians trying to use the facility. The regulations were passed in 1982. Commissioner Ashbaugh stated he thought there is a community character issue related to drive-through facilities. Draft Minutes Planning Commission Meeting June 11, 1997 Page 4 Director Jonas stated our community is trying to minimize the use of autos and encourage the use of other forms of transportation. Commissioner Ashbaugh moved to uphold staffs interpretation. The motion was seconded by Commissioner Kouralds. Commissioner Ashbaugh stated the ordinance is clear that drive-through facilities are prohibited. The City may want to re-examine ,drive-throughs in areas other than downtown. Commission Ready has a problem with the concept of separating an aspect of a use as a separate use. He suggested that when a business ceases operation and it isn't in operation for six months, our ordinance goes into effect and the use must be discontinued. This facility has had a single use, a single permit, a single space, and has been in continuous operation as a bank He cannot support the motion because he doesn't feel it's appropriate to divide an operation into various aspect. Commissioner Ewan disagreed and felt the ordinance is appropriately applied. Commissioner Kourakis said she believes staff has applied the ordinance consistently over the years. She supported the motion. Commissioner Jeffrey concurred, but said he was troubled by what seemed like inconsistency in its interpretation. Chairman Senn could not support the motion. He cited the ordinance Chapter 17.10, Nonconforming Use. This facility has been operating with one permit for the entire use. He struggled with the meaning of"use". AYES: Commissioners Ashbaugh, Kourakis,Ewan,and Jeffrey NOES: Commissioner Ready and Chairman Senn ABSTAIN: None ABSENT: Commissioner Whittlesey CO NT AND DISCUSSION: 2. Staff: