HomeMy WebLinkAbout2007.02.05 RESO 2007-0006RESOLUTION 2007-6
APPROVING FINDINGS OF FACT APPROVING THE REVOCATION OF THE
SPECIAL USE PERMIT FOR 14069 FINALE AVENUE NORTH.
WHEREAS, a Special Use Permit was issued on February 17, 1998 for 14069 Finale
Avenue North for property legally described as follows:
-See Attached
WHEREAS, the City Council approved a Special Use Permit to allow the use of an
existing building to house an auto repair/auto body business, and to allow limited exterior
storage within a fenced yard;
WHEREAS, numerous violations of the Special Use Permit have been observed on the
property dating back to April, 1998;
WHEREAS, the property owner has been notified repeatedly over the past years of these
violations;
WHEREAS, Despite repeated requests, including but not limited to requests on April,
1998; July 13, 1998; September 11, 1998; February 15, 2001; August 15, 2002; October
17, 2002; June 9, 2003; January 5, 2005; March 30, 2005; November 28, 2006;
December 19, 2006; January 10, 2007; and January 25, 2007, the property owner has
failed to bring the property into compliance with the Special Use Permit;
NOW, THEREFORE, BE 1T HEREBY RESOLVED based upon the evidence submitted
to the City council, that it should and hereby does revoke the Special Use Permit based
on the following findings:
1. Violation of Condition #2 of the Special Use Permit which requires fencing and
landscaping be constructed on the north and west property boundaries to
reasonably screen the property. There has been no screening constructed along
the northwest portion of the property line.
2. Violation of Condition #4 of the Special Use Permit which limits exterior storage
to building materials, one Bob Cat, one Bob Cat trailer, and two towing trailers.
Staff observed several gas pumps and vehicles (licensed and unlicensed), auto
parts, and miscellaneous debris stored on the property. The vehicles and
equipment have accumulated over time.
3. Violation of Condition #5 of the Special Use Permit which prohibits vehicles on
the site for repair to be stored outside for more than 30 days. Several vehicles
have been stored on the property in excess of 30 days.
Resolution 2007-6
Page 2
4. Violation of Condition #10 of the Special Use Permit which requires compliance
with all applicable Ordinances of the City of Hugo. A sign located on the
property does not meet the setback requirements as outlined in Chapter 320,
Section 1195-660.1 SIGNS.
5. The property owner has a history of non-compliance with the Special Use Permit
and has demonstrated no intention to comply in the future despite repeated
requests to comply.
6. These violations are material. They render the property unsightly to neighboring
properties and are egregious because of their long standing presence and the
property owners repeated failure and refusal to bring the property into
compliance
Staff is hereby authorized and directed to terminate or seek termination of all uses
otherwise permitted under their special use permit and to pursue the removal of all gas
pumps, vehicles, auto parts and miscellaneous debris stored on the property.
ADOPTED by the City Council this 5e day of February, 2007.
►AW1*319
Mary Creager, City Clerk