04-25-07 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 25, 2007 The City Administrator noted Griffith's comments that the City should issue the CUPS with the understanding that the applicant will work toward compliance. The Administrator indicated that given the applicant's long- term record, compliance will not be achieved. The Administrator also noted Griffith's comments that the property was set up as an auto repair facility. The Administrator noted that prior to 1999, the property was used by a heavy equipment operator. The Administrator noted that in addition to outdoor storage of vehicles for sale and repair, Valor Enterprises has also stored junk, tires, auto parts, and other debris on the property. With regard to comments about the electrical permit, the City Administrator indicated that this property owner has been treated as any other property owner would. The Administrator noted that with regard to comments about the condition of other properties in Ryan Industrial Park, he noted that the park does have other issues. The principal difference in this case is the extensive code enforcement that has occurred from 1999 through the present. The Administrator noted that in 1998, the City went through an extensive CUP process for most of the properties in the Industrial Park. Mr. Sedaghat purchased his property at the conclusion of that process. Most of the Ryan Industrial Park properties have achieved compliance. Some are not in compliance, and the City is continuing its code enforcement efforts with those sites. The Administrator indicated that no other property, other than Valor Enterprises, has never attempted to achieve compliance or has played the games that Valor has, i.e. moving of vehicles to other sites in the City and surrounding cities. Griffith reported that the expectation that his client would be able to use his property comes under the law. If the property is in compliance, then it is a simple function of law that the property owners would be allowed to operate. Griffith indicated that the property is for sale, and he indicated that the property broker and others will testify that without outdoor storage, the property is useless. Griffith indicated that if the City denies the CUPs and licenses this evening, the property will be unusable, and they will begin inverse condemnation proceedings. Blesener noted the City Planner's and Planning Commission's recommendation for denial of the CUPS and Text Amendment. He also noted the Findings of Fact for Denial as prepared by the City Planner. The City Planner read those Findings of Fact into the record. They are as follows: Findings of Fact for Denial 1. Conditional Use Permit for motor vehicle sales lot; 2. Conditional Use Permit for outdoor storage; 19