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

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MINUTES PLANNING COMMISSION APRIL 12, 2007 Griffith reported that any city deals with code enforcement, and he appreciates the effort it takes. Griffith reported that Valor Enterprises needs to be in compliance with the Code to operate. He noted that Valor has been working for the past six months to get into compliance with the Code, and would not reopen before compliance is achieved. Griffith felt that the Text Amendment increasing the number of retail motor vehicle sales licenses should be approved because it was an existing condition. He also noted that the storage of repairable cars is a matter of right in conjunction with a motor vehicle repair license. Griffith took issue with the City Administrator dealing with code violations in front of the Planning Commission, and felt that was an issue to be addressed with the attorneys and staff. Griffith reported that Valor Enterprises has hired a broker to market his property. However, he has the right to use the property for a reasonable purpose. That cannot occur if the City is not allowing his client to go forward and address code violations. Griffith reported that the real estate broker has indicated that there have been two potential buyers for the property who when contacting the City were discouraged by City staff from purchasing the property. Griffith stated that the issue at hand is whether or not his client meets City Code requirements for issuing a CUP. Griffith also pointed out that it was his position that outdoor storage of vehicles to be repaired was accessory to the permitted use of motor vehicle repair. Griffith indicated that they dispute the contention that Valor is conducting retail sales of vehicles in Little Canada, and indicated that this was a matter for the City Attorney. Griffith also indicated that the City did not follow proper procedure in red tagging the Valor building as well as in allowing his client to get back onto the property to clean it up. With regard to the comments about people working on the property, Griffith indicated that as long as the property is not red tagged, people are allowed to be on the site. With regard to the sale of the property, Griffith indicated that the sale of the property is the client's decision, and he has the right to use his property as allowed by Code. Griffith pointed out that auto repair is a permitted use. Griffith indicated that his client must comply with the Codes, but so does the City. The City Administrator reported that the City sent a letter to Mr. Sedaghat, Diana Longrie, Michael Mergens, the realtor, and the City Attorney relative to the status of this property and the fact that there are still over 100 code -19-