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<br />Memo to Mayor & Council <br />Page 3 <br /> * * * * * * * * * * * * <br />Part IS - Relating to design and construction standards for <br />off-street parking requirements Sec. 37 (B) (7) <br />Alternative 4 - Leave lias is" <br />The proposed amendment to this section of the zoning ordinance <br />would have exempted vehicle dealerships from marking parking lanes <br />in their lots. This amendment would not have added a new paving <br />requirement for them as Mr. Kyle suggests. <br />Presently Section 37(A) of the ordinance provides: <br /> "All required or provided off-street parking areas shall be <br /> designed in accord with the following standards .... " <br />Section 37(B)(7) requires all "provided" parking areas be paved <br />according to City standards for all weather surfaces as provided <br />in Article VI, Chapter 5, of the City Code (attached). <br />If the Council does not adopt new language relating to the design <br />and construction of vehicle dealership parking lots, vehicle <br />dealerhsip will still be subject to the all weather surface <br />requirement for all parking spaces they provide. <br />When the issue was present to the ZBOA they construed the section <br />to be applicable to Mr. Luna1s used car lot even though there is <br />no specific requirement that vehicle dealerships display lots be <br />paved with an all weather surface. The ZBOA determined that Mr. <br />Luna would be providing a parking area for his inventory and <br />therefore should pave it according to Chapter 5, Article VI. <br />Al terna ti ve 5 - Delete the all-weather surfacing requirement for <br />vehicle dealerships. <br />Dan Gibson has provided council with several practical reasons for <br />not eliminating the all-weather surfacing requirement for vehicle <br />dealereship in his 3-2-89 memorandum, and because the same legal <br />issues with regard to uniformity of treatment as I discussed above <br />could arise here, I would not advise Council to delete the <br />all-weather surfacing requirement for vehicle dealerships only. <br />However, the following language would accomplish that purpose: <br />Part . That Appendix A -General Zoning Ordinance, Section <br />37(B)(7) be amended to read as follows: <br /> Sec. 37 Off-street Parking <br /> <br /> . . . <br />