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• <br />• <br />• <br />AGENDA ITEM 7 C <br />STAFF ORIGINATOR: Mary Kay Wyland <br />MEETING DATE: City Council — February 12, 2001 <br />TOPIC: Circle -Lex VFW — Extension of CUP <br />VOTE REQUIRED: Simple Majority <br />DESCRIPTION: <br />The Circle Lex VFW received approval of a Site Plan Review and Conditional Use <br />Permit on April 26, 1999 to allow the expansion of their existing facility at 7868 Lake <br />Drive. According to the Zoning Ordinance, both the Site Plan Review section and the <br />Conditional Use Permit section have specific reference to initiation of the project and <br />expiration of the permit. Those sections are as follows: <br />And <br />"If construction has not begun within one (1) year after the date of the <br />conditional use permit, or if substantial construction has not taken place <br />within three (3) years after the date of issuance of the conditional use <br />permit, the permit is void. A conditional use specified in the permit <br />expires if, for any reason, the authorized use ceases for more than one <br />year." <br />"Activities authorized by site and building plan approval shall be initiated <br />within six (6) months. If such activity is not completed within eighteen <br />(18) months, the site approval shall no longer be in effect, and application <br />and approval of site and building plans shall be required." <br />At this time, the Circle Lex VFW would like to extend both their Site Plan Review and <br />CUP. They have indicated, via Post Commander Dean Johnson, that a tentative <br />construction date is set for the summer of 2001. <br />Staff would advise Council that in April of 2001 this CUP approval will be two years old. <br />If the Circle Lex VFW is certain construction will begin this spring, we would <br />recommend approval of an extension until year end 2001. If construction is still <br />questionable, Council must consider a longer extension or require a new review when <br />construction is eminent. <br />