Council denies appeal for South Palm Canyon storage addition; staff conditions upheld
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Summary
Council denied an appeal by the owner of a former gas station seeking to remove conditions of approval for a 750-square-foot building addition under an existing canopy; planning and engineering told council requested drawings and design changes remain outstanding.
The City Council on Sept. 10 denied an appeal by the owners of a former gas station at 1100 South Palm Canyon Drive who sought to remove multiple planning and engineering conditions attached to a staff approval for a 750-square-foot addition under an existing canopy.
The Planning Department and Engineering staff told council the applicant had not yet supplied a dimensioned, code-compliant site plan showing parking and vehicular circulation, nor an enclosure design that meets the city's masonry/durability standards and space to accommodate three refuse carts. Staff said the proposed layout, as drawn, would not provide safe vehicle turning and egress to Palm Canyon Drive and that several drainage and public-right-of-way conditions remained unresolved.
The appellant's attorney said the owner had already completed permitted work on the parcel in 2021–22 and provided design sketches and a parking plan they argued would support a hammerhead turnaround; the owner asked the council to adopt a resolution that reflected prior concessions staff had made in negotiations.
Council members and staff said many waivers had been considered, but technical information remains missing. Staff told the council that engineering conditions such as an encroachment permit for work in the public right-of-way and an encroachment agreement (to address canopy liability) remained active items. Planning staff and the city engineer said the city had offered to defer some requirements until a future change of use would trigger a right-of-way dedication, but that site design, drainage and safety issues still required fully dimensioned engineering drawings.
Council debated whether to continue the hearing to enable more staff-applicant negotiations or to deny the appeal. After a failed motion to continue, the council voted to deny the appeal and to leave the planning director's July 30, 2024 conditions in place.
Ending: Staff said the applicant may continue working with planning and engineering to produce the required technical plans; council members urged that if a new submittal is made it should include fully dimensioned engineering drawings showing vehicle turning movements and a compliant trash enclosure.