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02-12-09 Planning Comm. Agenda
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02-12-09 Planning Comm. Agenda
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gone within two or three days. I sent a letter to Mr. Maietta on December 19 because <br />none of the displays had been removed. I gave Temo Sunrooms until December 24 to <br />have the violations corrected or city staff would be forced to pursue further code <br />enforcement action. On December 26, 2008 all three displays still remained on the <br />properly. <br />I conducted an inspection of the property yesterday and the gazebo on the south side of <br />the building has been removed, but the two other displays still remain in the rear yard. <br />City code 923.040.D.5 -Administration Planned Unit Development states <br />Inspections Diming Development. <br />a. Compliance with Overall Plan. Following Final Plan approval of a PUD, a• a stage <br />thw•eof, the Zoning Adminish•ator shall, at [east annually until the completion of <br />development, review a[I permits issued and consh•uction undertaken and compare actual <br />development and with the approved development schedule. If the Zoning Administrator <br />finds that development is not proceeding in accordance with the approved schedule, or <br />that it fails to any other respect to comply with the PUD plans as fnal[y approved, he <br />shall immediately notify the Council. Within thirty (30) days of such notice, the Council <br />shall either by ordinance revoke the PUD permit, and the land shall thereafter be <br />governed by the regulations applicable in the district In which it is located; or shall take <br />such steps as dt shall deem necessafy to compel compliance with the Final Plans as <br />approved; or shall requn•e the landowner or applicant to seek an amendment of the final <br />Plan. <br />At this time, city staff is notifying the Council of Temo's noncompliance with the PUD <br />permit conditions. Given the continual violations with Temo Sunrooms, it is staffs <br />recommendation that the City Council pursue further code enforcement options to bring <br />this site into compliance. The following are options available - <br />l. Contact Temo Sunrooms and allow additional time to remove the final <br />two displays. <br />2. Issue citations for the violations. <br />3. Pursue revocation of the PUD Permit. <br />Please advise city staff as to which code enforcement option the Council wishes to <br />pursue. <br />Cc: Patrick Kelly, City Attorney <br />Steve Grittman, City Planner <br />Robert Maietta, Temo Sunrooms <br />
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