REPORT TO THE PLANNING COMMISSION
January 3, 2024
FROM: PHILLIP SIEGRIST, Planning Manager
Planning and Development Department
SUBJECT
Title
Consideration of an appeal related to Zoning Inquiry No. P23-02357 for Bauer's Towing located on approximately 0.71 acres between West Voorman and West Nielsen Avenues, west of North Thorne Avenue in Fresno, California.
1. DENY the appeal and UPHOLD the Zoning Inquiry response dated September 26, 2023, as prepared by the Planning and Development Department Director.
Body
EXECUTIVE SUMMARY
Edward Mason, of Bauer's Auto Wrecking, filed Zoning Inquiry Application No. P23-02357 requesting specific information for Bauer's Towing with respect to compliance with the Fresno Municipal Code (FMC) Zoning Ordinance, applicable policies and procedures, prior approvals or permits, and whether the use of the subject property for a Tow Yard satisfies relevant zoning laws of the City, based on the following facts and evidence.
Staff prepared a response letter dated September 26, 2023 (Exhibit E) which concluded that while the business and site as it currently exists is not in conformance with the standards and requirements for paving of vehicle storage areas per Policy and Procedure No. C-002 dated June 14, 2011, according to the current zoning ordinance the business is a legal non-conforming use and, absent any expansion and/or change in use, could continue to operate indefinitely.
On October 10, 2023, the Planning and Development Department's zoning inquiry response was appealed by the applicant (Exhibit F). Pursuant to FMC Section 15-5017(A)(1), appeals of Director's decisions shall be referred to the Planning Commission for consideration. Therefore, the Zoning Inquiry No. P23-02357 has been scheduled for consideration by the Planning Commission.
Staff recommends that the Planning Commission uphold the Planning and Development Department Director's response based on evidence detailed in this staff report.
BACKGROUND
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