Planning commission denies All Beyond Liquidation request for outdoor display and shipping container in downtown Lincoln

The Lincoln City Planning Commission voted 6-0 to approve a staff resolution denying a conditional use permit (CUP) requested by All Beyond Liquidation to continue outdoor merchandise displays and to place a shipping container in a parking stall at 96 Lincoln Boulevard.

Planning staff told the commission the applicant proposed a 96-square-foot outdoor display under the store canopy and a 320-square-foot metal cargo storage container on an existing parking stall to hold additional inventory. Efren Sanchez, senior planner, said the combined additional storage and display would total about 406 square feet — roughly a 41% increase in storage relative to the applicant's roughly 1,000-square-foot lease space — and would be inconsistent with parts of the downtown urban design plan and municipal code.

Why it matters: Staff said the proposal would be visually inconsistent with Land Use Policy LU 13.3 (historic buildings and areas) and Economic Development Policy ED 6.1 (downtown commercial areas). The city's code-enforcement division had previously issued notices after complaints that merchandise was encroaching on sidewalks and creating a visual nuisance, and staff told the commission the CUP would require ongoing, close monitoring by code enforcement if approved.

Staff presentation and findings

Sanchez summarized the proposal and the enforcement history, saying the CUP application followed notices to the business in April and May 2024. He told commissioners the city's Municipal Code (section 18.2.30) treats outdoor storage and display as a conditional use in commercial zones and identified four findings staff believed supported denial: the project would deviate from typical downtown storefront character, the predictability and volume of liquidation merchandise make on-site display difficult to regulate, the additional storage equated to a substantial increase in storage relative to the tenant's floor area, and the site did not present any flood-zone conflicts. Staff recommended the commission adopt the resolution denying the CUP; the staff report also described an alternative process to approve the request with conditions and return the amended resolution at a later hearing.

Public comment and applicant remarks

More than a dozen residents and business-owners spoke during the hearing. Many described frequent, positive interactions with the store and said the outdoor display draws customers into the shopping center. Several neighbors and the property owner's representative said the tenant has kept items orderly and returned merchandise at closing.

The applicant, Erica Gamboa, through a Spanish-language interpreter, described the business as a family-run liquidation store that buys returned merchandise and aims to offer low-cost goods to the community. In translated remarks she said the store "creates a welcoming shopping experience" and that the family relies on the business to support children and staff.

Commissioners' deliberations and vote

Commissioners acknowledged the public support for the business and praised the applicant's entrepreneurship, but several members emphasized they must apply the city's downtown design standards and municipal code. Commissioners said the primary issue was the store's ongoing operations in a constrained downtown storefront and that approval with the proposed container and outdoor storage would create enforcement and character problems in the Old Town historic district.

After discussion, a commissioner moved to approve the staff resolution (with a minor typographical edit noted by the maker of the motion). The commission seconded the motion and approved it in a roll-call vote: Commissioner Jerry Johnson ' yes; Commissioner Herzog ' yes; Commissioner Hutchinson ' yes; Commissioner Manning ' yes; Vice Chair Eric Johnson ' yes; Chairman Gilbert ' yes. The chair later advised the applicant to consider alternative, larger commercial space to allow the business to grow while meeting city standards.

Formal action

The commission's action was to adopt the staff resolution denying the conditional use permit application for outdoor storage and display at 96 Lincoln Boulevard (All Beyond Liquidation). The motion passed 6-0.

What the record shows (no new facts inferred)

- Staff described the proposal as a 96-square-foot outdoor display area under the storefront canopy and a 320-square-foot cargo container occupying a parking stall; staff labeled this a combined increase of about 406 square feet. - Staff cited Lincoln Municipal Code section 18.2.30 and identified policies LU 13.3 and ED 6.1 in the staff report as reasons the proposal conflicted with downtown guidance. - Code-enforcement notices were issued in April and May 2024 prior to the CUP application. - The commission adopted the staff resolution denying the CUP by a 6-0 roll-call vote.

What happens next

Staff told the commission that if the applicant seeks another outcome, typical options include requesting alternative sites or submitting a revised application; the commission did not adopt conditions to allow the display/container in place. The applicant and members of the public noted the business draws customers into the downtown area and several speakers asked the city to help find an alternative location.

Speakers quoted in this article are those recorded during the staff report, public hearing and deliberation. All verbatim quotes are attributed to speakers listed in the transcript.