MINUTES OF OCTOBER 23, 2006
PRESENT: Commissioners:
Nick
Tatton, Community Director
Alfred Richens
Ed Shook
EXCUSED ABSENCE: Chairman
OTHERS PRESENT:
Nichole Semsack and Kimberly Servold
I PLEDGE
OF ALLEGIANCE
Commissioner
II ROLL
CALL
III MOTION. A motion was
made by Commissioner Sampinos to have Commissioner Lyon serve as Pro-tempore
Chairman in the absence of Chairman Bruno. Motion seconded by Commissioner
Richens and carried.
IV MINUTES
OF OCTOBER 10, 2006
A favorable motion to
approve the minutes of October 10, 2006 as read was made by Commissioner
Nielson. Commissioner Richens seconded the motion. Motion carried.
V CONDITIONAL USE PERMIT-BUSINESS AND
SIGN-FINAL
37
E.
Nicole Semsack presented a sketched layout of the business area
per the request of the Planning and Zoning Commission. The drawing was reviewed
and discussed between Ms. Semsack and the
Commissioners to identify the area where adult magazines would be displayed. The
sketch listed the areas open to the public for general retail sales, the areas
restricted to the public and the areas restricted to minors. These areas will
be partitioned off from the general shopping area for the screening of under
age customers. A sign must be
posted showing the area as restricted to minors without proof of identification
showing the legal age of 18. The measurements provided were only for areas
where retail merchandise would be sold. Ms.
Semsack suggested placing a beaded curtain around the
area as a means of separating the area from the rest of the store. The area suggested for placement of the adult
magazines is less than 15% of the square footage of the applicable measurements
provided. The area is approximately 3.5% of the 655 square foot of public space
shown in the diagram. The non-public
areas cannot be added into the square footage of the building. Some of the magazines will be wrapped in
plastic, lying on a 6 x 4 glass shelved rack. The magazines that are wrapped in
plastic will not be available for browsing. Browsing will not be allowed by
minors as they will not be allowed into the adult area. The Conditional Use Application (CUP) lists
items for sale as miscellaneous. These items are to be clarified for the record
as items not to include any sexually oriented items. Items were
listed by Ms. Semsack as follows: incense burners,
incense, candles, t-shirts, hats, figurines and other items that are never to
include a sexually oriented item or theme. The only sexually oriented item for
sale in the business of Diversity will be the adult magazines in the less than
15% partitioned area. Piercing and tattooing
will also be available in this business. The piercing will be done in a private
room that has a door and a curtained window for customer privacy. The tattoo area is also enclosed in its own
room in the back of the store. Commissioner
Shook asked Ms. Semsack if she would be comfortable
with periodic inspections from
VI HOME OCCUPIED PERMIT- BUSINESS –FINAL
MARIE AND STEPHEN MANZANARES, OWNERS
Mr. Manzanares did not attend the meeting. Staff has seen continued improvement of the
properties on
VII CONDITIONAL USE
PERMIT-BUSINESS AND SIGN-FINAL
950 EAST 100
NORTH- CASTLE COUNTRY FENCING AND TREE SERVICE, LLC.
MARIE AND STEPHEN
MANZANARES, OWNERS
MOTION. Commissioner Richens made the motion to table Items
IV and V. Motion seconded by Commissioner Sampinos. Motion carried.
VIII STAFF- Update regarding the proposed Robert Miller
development of storage units adjacent to
There were no further items
on the agenda and Commissioner Nielson moved to adjourn. The meeting adjourned
at 6:35 P.M.
APPROVED
__________________________
ATTEST
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