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#2484. Woodhill CC <br />May 5, 1999 <br />Page 6 <br />With regards to the Woodhill request, it is the City's position that the re-opening of <br />an access to Woodhill Avenue after a nearly 20-year closure, requires a new <br />CUP (or an amendment of the existing CUP) for the following reasons: <br />1. The 1968 CUP was issued based on a given set of circumstances <br />prevalent at that time. The conditions that applied when the 1968 CUP was <br />granted have changed, i.e. there is now an adjacent neighborhood in whose <br />creation the Club participated after the original CUP was granted, and which <br />may be impacted by this change in use. <br />2. It can reasonably be argued that the 1968 CUP to allow the <br />Club to operate, has not lapsed. It might also be reasonably argued that the <br />lack of use of Woodhill Avenue as a secondar>' access to the Club for nearly <br />tw'o decades or more, might be considered as a lapse in that specific aspect <br />of the conditional use (if in fi>et the Woodhill Avenue access was even <br />covered under the 1968 CUP) as contemplated in zoning code Section 10.09, <br />Subd. 9. <br />3. The conditions that applied when the 1988 maintenance building CUP <br />was granted have also changed. Tlie access was not proposed to be used <br />at that time, yet neighborhood concerns were raised related to the location and <br />use of the building even without use of the access. Additional concerns would <br />likely have been raised if the road access had been proposed. <br />4. Tlie proposed use of Woodhill Avenue by a non-residential user raises <br />concerns of health, safety and welfare that the City is responsibile for <br />addressing, and which are properly raised within the format of a public review <br />process when a conditional use is involved. <br />Permit for Work in Public Right-of-Wav. The proposed driveway within the <br />dedicated right-of-way of Woodhill Avenue is defined in the zoning code as a <br />"Business Driveway Approach" (Chapter 6, Sec. 6.01 Subd. IE, F). A permit from <br />the City is required for construction or reconstruction of this driveway approach per <br />Sec. 6.05, Subd. 2. Such permits are administered by the Public Works Director, who <br />has the authority to approve or deny such permits. Additional sections in Chapter 6 <br />regulate and provide standards lor work and activities within the public right-of-way. <br />: