Instead, legislative approval of the state bonds to finance the arena came before the question of a conditional use permit
was resolved, and that question may still be up in the air when the state Board of Higher Education considers whether to approve the issuance of the bulk of construction bonds.
Hearings official Anne Corcoran Briggs overturned a decision by the city planning director that found the arena was an extension of the university and did not need a conditional use permit
She said the neighbors believe there is justification for requiring a conditional use permit
and believe it's worth persevering because it may affect future land use issues.
The application had been on hold pending a decision on the conditional use permit
modification, but potentially could be pushed forward despite Gustafson's recent ruling.
More than a dozen letters of concern were submitted last year while the conditional use permit
was in review.
They came to the hearing (last year) and testified that this was OK because this was going to be a juice bar and then they came back for a conditional use permit
to sell alcoholic beverages.
City Senior Planner Michael Forbes, who presented the findings to the Planning Board, said the council could consider options other than revoking the business's conditional use permit
Both airport owner Barry Kirshner and the lawyer representing residents opposed to Kirshner's plans have hailed the counsel decision as a fair compromise, which requires conditional use permits
for several of the airport's peripheral operations.
The allowance of conditional use permits
and variances has created a legal industry where specialist attorneys petition the authorities to allow non-conforming uses or construction.
Conditional use permits
require public hearings and could add restrictions on business hours, employee training and other areas.