The City Council on Wednesday will consider an appeal of the Planning Commission’s rejection of a conditional-use permit for a strip club in northwest Grand Junction.
Planning commissioners on Aug. 12 refused to grant the permit to businessman Kevin Eardley, who has proposed building a two-story, 9,879-square-foot topless bar at 2258 Colex Drive.
The City Council can uphold the Planning Commission’s decision, reverse it or remand the issue back to the board. Council members are only considering evidence and testimony that was presented to the Planning Commission, meaning no public testimony will be taken during Wednesday’s hearing. Four council members must agree in order to reverse the decision.
If council members reverse the decision or send it back to the Planning Commission for further consideration, they must determine that one of four things happened:
• The commission acted in a manner inconsistent with city codes or state or federal law.
• The commission made erroneous findings based on the evidence or testimony.
• The commission failed to consider mitigating measures or revisions offered by the applicant that would have brought the project into compliance.
• The commission acted arbitrarily, capriciously or abused its discretion.
A point of contention with the Planning Commission’s decision that could be raised is the fact that some planning commissioners contended the business would be incompatible with the neighborhood, but widened the definition of a “neighborhood” to include the entire city. That interpretation drew criticism from some in the community, including former planning commissioners.
Representatives for Eardley argued in their appeal that the commission should have judged the application based on whether a bar in that area of the city meets the city’s zoning and development code, rather than how the bar is used, because strip clubs are considered a use-by-right under the city’s standards for adult entertainment businesses.
Advocates have said as long as the club meets a strict set of criteria — including being at least 1,000 feet away from certain other land uses — and conforms with zoning codes, it should be approved.
On the other hand, the city has received more than 30 letters of opposition from residents who claim the club will lead to a spike in crime, among other negative impacts.
Wednesday’s council meeting begins at 7 p.m.
Email MIKE WIGGINS
Comments
By Johny
Dec 11, 2008 9:59 AM | Link to this
Grow up, this is America! Mr Eardley has every right to open the club. The club will bring revenue to Colorado's armpit Grand Junction. If Mr Eardley is a smart business man he will most likely donate money to the Cities police, fire department and schools, which I bet my bottom dollar is more than the surrounding businesses, and community do. Look at this club as an opportunity and if topless girls offend you, stay home and watch football!
By JM
Nov 4, 2008 5:07 PM | Link to this
My Prayers are that People are allowed to Make there OWN choices and
not have others decide if a strip club is a bad place or not.
SAY YES !!
Who do you pray to?
By Kara
Nov 4, 2008 3:45 PM | Link to this
At least the nutcases aren't threatening to firebomb this guy like they were the last one..."in the name of the Lord," of course.
By Protect GJ.
Nov 4, 2008 3:02 PM | Link to this
About all I can say is, please do NOT do this to Grand Junction.
This trash is only going to bring bad news. Please stick to your guns, protect Grand Junction and vote NO, NO, NO.
By RomanceGoddess
Nov 4, 2008 2:40 PM | Link to this
Amen, Vic!
Let this business thrive/fail the same way any other small business in GJ and the rest of America do--people will either go there or they won't.
The adult industry is one of the few "recession-proof" businesses out there. When the tax revenue from all the other retail establishments dry up due to lack of sales, the city is going to NEED bars and clubs and other adult forms of entertainment to keep it's cash flow!
By Vic
Nov 4, 2008 6:57 AM | Link to this
My Prayers are that People are allowed to Make there OWN choices and
not have others decide if a strip club is a bad place or not.
SAY YES !!
By Vic
Nov 4, 2008 6:56 AM | Link to this
My Prayers are that People are allowed to Make there OWN choices and
not have others decide if a strip club is a bad place or not.
SAY YES !!
By No!!
Nov 4, 2008 1:38 AM | Link to this
The strip club should NOT be allowed! My prayers are that the city council chooses to uphold the decision to not allow the strip club. If folks want to partake in establishments such as this, they can go somewhere else, just not Grand Junction or the surrounding area.
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