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«2484 - WuoUluIl CC <br />May 5.1999 <br />Page 6 <br />With regards to the Woodhiti request, it is the City's position that the rc-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 I he 1968 CUP was issued based on a given set of circumstaiices <br />prevalent at that tunc. Tire conditions that applied when the 1968 CUP was <br />granted have dunged, i.c. there is now an adjacent neighborhood in whose <br />creation the Club participated after the original ('UP was granleil. and A hich <br />may be impacted by this change in u.sc. <br />2. It can reasonably be argued that Ihe 1968 CUP to allow tlie <br />Club to operate, has not lapsed. It might also be reasonably argued that tlic <br />lack of use of Woodhill Avenue os a sccondar)' access to the Club for nearly <br />two decades or more, might be considered as a lapse in that specific aspect <br />of the conditional u.sc (if in fact the Woodhill Avenue access veas even <br />covered under the 1968 CUP) as contemplated in zoning code Section 10.09. <br />Subd. 9. <br />3 Tlic conditions that applied when the 1988 maintcnaiKc building CUP <br />was granted have also changed, 'flic access was not proposed to be used <br />at dial time, )ct 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. The proposed use of Woodlull Avenue by a non-rcsidcntial user raises <br />concerns of health, safety and welfare that the City is rcsponsibilc for <br />addressing, and which are properly rai.sed within the fonnat of a public review <br />process when a conditional use is involved <br />Permit for Work in Public Right-of-Wav. The proposed driveway wiUhn 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, SuM. 2. Such permits are administered by the Public Works Director, wlio <br />has tlic authority to approve or deny such permits. Additional sections in Chapter 6 <br />regulate and provide standards for work and activities within the public right-ofiway.