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

Home Browse Search

MINUTES PLANNING COMMISSION APRIL 12, 2007 Valor Enterprises has done a lot of work on the property. He is a small business owner that would like to re-establish his business. The City Planner referenced the April 12°i report that was submitted that outlines a summary of the Zoning Ordinance standards for review of Conditional Use Permits and Text Amendments. The report outlines those requirements and a summary of the applicant's compliance with each. Duray asked about the reduction in the number of motor vehicle retail sales licenses (outdoor). The City Administrator reported that for a number of years the City Code limited retail motor vehicle sales (outdoor) licenses to four. There was a question about one of the licenses that had been issued relative to whether the license was a wholesale or retail license. The discrepancy with this license tracks back to the early 1980's. In light of this discrepancy, the City Council allowed the five retail licenses to exist with the position that when any one of the five licenses goes away, the maximum number of four licenses would be enforced. The City Administrator pointed out for clarification that the Valor Enterprise retail motor vehicle sales license was not revoked, it was not renewed. The City Administrator noted that the applicant's attorney is requesting issuance of the CUP's subject to conditions. The Administrator pointed out the long history with this property that goes back to 1999. The Administrator noted that this property has been out-of-compliance with the conditions of the previous CUP's and City Codes almost from day one. As an example, the Administrator noted that the CUP for outdoor storage limits the property to 30 vehicles for sale and 20 vehicles for repair. When code enforcement efforts have been directed at this property given that the number of vehicles far exceeded the limitation, the property owner relocates the vehicles temporarily off site around the City and in adjacent cities on various sites without the permission of the property owners. Citations have been issued, vehicles have been towed, and the situation keeps reoccurring. The Administrator noted that the City has approved CUP's with conditions for Valor Enterprises, many of which are the same conditions discussed this evening. Valor Enterprises has never fully complied, and the Administrator asked what would change. The Administrator outlined some of the activities at the Valor Enterprises property since CUP revocation occurred in September of 2006. These include cars being stored around the City without permission, a person living in the Valor building, Valor obtaining a wholesale license through the City of Dayton, but continuing to sell on a retail basis in Little Canada, as evidenced by transactions occurring on the basis of a dealer to dealer transaction except that sales tax is being collected even though wholesaler transactions do not pay sales Tax. -17-