Once again the Grand Junction City Council has voted to send the conditional-use permit request for a gentlemen's club back to the planning commission.
In a four–to–two vote the city council has voted to uphold the club owners appeal of the planning commissions November decision to deny a conditional-use permit for the land. Mayor Gregg Palmer says the council’s job was to make sure that the applicant got a fair hearing and whether the planning commission followed the laws and the codes.
The planning commission denied the request in November based on a zoning issue but the city council found tonight that the law clearly states that the industrial zoning the club would be in does allow a business to sell liquor. Now the permit request will go back to the planning commission for the third time.
Palmer says he hopes the applicant will receive a fair hearing this time around, “one where they do not try to create an outcome based on their desire, which I understand and appreciate, but one that is supportable by the facts and one that will withstand a legal challenge.”
The back and forth between the planning commission, the applicant and the city council will only end with both the commission and the counsel reaching an agreement; there is no set limit as to how many times this can go back and forth or the applicant can appeal. That or if the applicant decides to take legal action against the city and then this permit request will turn into litigation.