09-27-2006 Council Agenda - Laserfiche WebLink

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Enterprises to submit a more "realistic" site plan and submit a response to the City Engineer's report. At the May 13, 2004, Planning Commission meeting, the Commission reviewed the newly submitted site plan and noted that Valor Enterprises has indicated they will not be submitting their own engineering report. The new site plan still showed 120 cars for outdoor storage. The Planning Commission's recommendation was to deny the requests based on no information refitting the City Engineer's findings as well as no hardship present. On May 26, 2004, both of these requests were denied by the City Council based on the fact that there was no hardship present to warrant a variance and that the property had taken on the appearance of a junk yard with that many cars. Valor Enterprises was directed by the City Council to immediately bring the property into compliance with the original CUP. In the minutes, the City Council direct staff not to issue the auto repair or retail sales licenses if compliance was not achieved. June 23, 2004, Mr. Sedaghat appears before the City Council requesting a two month extension on Valor Enterprises auto licenses to allow additional time to achieve compliance. This extension was granted with a compliance date of August 23, 2004. On August 25, 2004, the City Council granted Mr. Sedaghat another two month extension based on progress being made on the site. However, the City Council was specific to Valor Enterprises that no further extensions would be granted if compliance was not fully achieved. Valor Enterprises was given a new compliance date of October 27, 2004. On October 27, 2004, both licenses were issued based on the proportion of sales /repairable cars and location of cars being in compliance. The site was still not in full compliance, but it was noted to Valor Enterprises that it was still their responsibility to complete and maintain the parking and surfacing requirements. In December of 2004 following the renewal of the licenses, staff started sending letters and noting that the site was reverting back to a substantial noncompliance state. Mr. Sedaghat indicated to staff that he is trying to find ways to keep his business alive. Mr. Sedaghat continued to stress to staff that the drainage problem on his property does not allow him to comply with the original CUP. He has requested that haulers come and pick up the junk parts and debris, but they come on their own schedule. There is not space inside the building to accommodate the junk parts. During a site inspection on June 30, 2005, Joel Hanson, City Administrator, informed Mr. Sedaghat that periodically bringing the property into compliance and then allowing it to revert back to a noncompliance way is not acceptable. Mr. Hanson told Mr. Sedaghat that he must operate his business at all lines under the conditions of the original CUP. If that does not happen, staff will pursue further code enforcement action without any additional warning. Staff issued citations to Mr. Sedaghat on May 1, 2006 for violations of the CUP and noncompliance with paving requirements, based off of site inspections conducted on April 18 and 27, 2006. Given the long standing issues with this site and the continued insistence by Mr. Sedaghat that he cannot operate his business as the original CUP states, staff recommends revocation of both CUP's for 3161 -3167 Spruce Street.