10-25-1995 SPECIAL AND CC - Laserfiche WebLink

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James J. Thomson, Jr., Esq. September 18, 1995 Page 2 7. Paul Harrington's report on this matter recommending approval of the request for an amendment. As you can see from the enclosed documents, Ronald Richardson, the current owner of Suds & Shine, applied for and received approval of operation of the car wash • . • • .- •• - 'n em er o 185(see eso ution No. 1919). The City's approval contained certain specific requirements related to operation of the car wash. The limitations that are in issue here are limitation number 3, which limits hours of operation from 7 a.m. to 10 p.m., and limitation number 5, which requires that an attendant be on duty during all hours of operation. Approximately 8 months following Resolution No. 1919, the City gave approval to Bruce Holton for Wash Me Car Wash("Wash Me") (Resolution No. 1999), which approval did not contain any limitation on hours of operation and which approval did not require that an attendant be on duty during all hours of operation. Mr. Richardson felt that the City had given Wash Me preferential treatment to the disadvantage of Mr. Richardson, but did not seek to have the Conditional Use Permit for Suds & Shine amended at that time, because the limitation on hours of operation was consistent with his intent at that time. Since 1985, the City has approved the opening and operation of at least four full-service car wash bays along Highway 10 within one mile of Suds & Shine, all of which are open 24 hours. None of these other facilities were operational in 1985. It appears that Suds & Shine is the only one of five that has a limitation on hours of operation. Approximately 3 months ago, Mr. Harstad entered into a contingent agreement to purchase Suds & Shine from Mr. Richardson contingent upon Mr. Harstad obtaining an Amendment to the Conditional Use Permit addressing the issue of the limitation on hours of operation and the requirement that an attendant be on duty during all hours of operation. Mr. Harstad then petitioned the City Planning Commission/City Council seeking the proposed Amendments (see the May 26, 1995, Application). The purpose and intent of Mr. Harstad's Application for Amendment of the Conditional Use Permit are to, basically, allow Suds & Shine to be on an equal footing with Wash Me and the other car wash facilities in the area. Following submittal of Mr. Harstad's Application for Amendment to the Conditional Use Permit, there have been a number of meetings with representatives of the City, as well as neighboring property owners. As a result of those meetings and discussions, Mr. Harstad agreed to alterations to the Application for Amendment of the