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

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MINUTES PLANNING COMMISSION APRIL 12, 2007 Hall noted that the whole premise of the Conditional Use Permit is that conditions are established that the property owner must comply with. Griffith indicated that they are asking for issuance of CUP's with conditions. Those conditions will be met before Valor Enterprises re- establishes the business. Griffith indicated that this procedure is done routinely. Conditions are placed on a CUP and the assumption is that compliance then follows. Griffith stated that he was not seeking a probationary period, but rather issuance of the CUP's with conditions. Duray indicated that he has problems with the continued history of the applicant as well as the resources that the City has had to utilize on an ongoing basis for the past 6 or 7 years because of this property. Duray felt the situation was unfair to other businesses that have operated in compliance with City Code. Duray felt that nothing will change with this property owner and compliance will continue to be an ongoing problem. He did not support the City's continued use of resources toward this property owner. The City Planner noted that in the administrative section of the Zoning Ordinance related to CUP, there is a series of criteria that should be considered when revising CUP applications. The Planner felt it was appropriate to consider the disproportionate amount of time and resources that the City has spent on compliance issues with the property. The Planner felt that this relates to the general welfare and health and safety issues addressed in the Code. The Planner noted that the problems with the property continue to exist even today. Barraclough stated that he was not in favor of increasing the number of retail vehicle sales licenses (indoor). Barraclough also stated that he agreed with the comments made by Mr. Duray. Griffith indicated that it is unfortunate that the situation has to get to this point, and pointed out that his client was encouraged to clean up his property and the end result is that he cannot use his property for his business. Griffith noted that the City has made it difficult to even market the property. He indicated that if the City wants to buy it, they can do so for fair market value. Griffith felt that there was an underlying effort by the City to get his client out of town with little value. Griffith expressed concern about what is going on. Duray again noted the on-going compliance problem with this property and property owner since day one. He noted that Mr. Sedaghat has never complied with the conditions of the original CUP's. Mr. Sedaghat has never been in compliance for the past 7 years, and he is still not in -21-