04-12-07 Planning Comm. Minutes - Laserfiche WebLink

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MINUTES PLANNING COMMISSION APRIL 12, 2007 The Planner noted that Valor Enterprises previously held these permits and licenses, however, due to code enforcement issues at the property, the Conditional Use Permits were revoked and the Motor Vehicle Sales License and Motor Vehicle Repair License were not renewed. The Planner further noted that the City's Ordinance limits the number of Motor Vehicle Sales Licenses (outdoor) to four. At the time Valor Enterprises held this license, there were five in existence. This was due to some past confusion on another sales license and a question of whether or not it was actually a retail license. The Council had came to consensus to allow the five licenses to exist until such time as one was not renewed and the license level reduced to the four that are allowed under the Code. Bill Griffith, attorney representing Valor Enterprises, reported that there has been a long history with this property. Griffith indicated that rather than revisit that history, Valor Enterprises is seeking the above-mentioned permits and licenses and would like to move forward. He noted that the property owner has worked for the past six months to clean up the property and address the Code issues raised by the City, putting the property into condition so Valor Enterprises could seek reinstatement of the business. Griffith reported that the major code violations have been addressed at the site, although there are still some internal building issues to resolve. Griffith indicated that these would be resolved prior to the business being re-established. Griffith indicated that the fact that five Motor Vehicle Sales Licenses (outdoor) were in place was apre-existing condition. Griffith requested that the City re-instate the Valor Enterprises license under that pre-existing condition. Griffith explained to the Planning Commissions that Conditional Uses are allowed uses by right as long as reasonable conditions of approval of the CUP's are complied with. Griffith felt the fact that City staff is recommending denial of the CUP's shows that there is something else at work here. Griffith stated that he hoped the Planning Commission would work on reasonable conditions for the CUP, without being colored by the prior history of the property. Griffith reported that Valor Enterprises wants to re-establish the business. Griffith then began a detailed, point-by-point review of the City Planner's report dated January 5, 2007, beginning with the points listed on page 2: Retail Auto Sales CUP: 1. Condition met. 2. Condition can be met. 3. Condition met. -15-