6.13. SR 06-19-2000 - Laserfiche WebLink

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David J. Meyers Page 2 April 26, 2000 However, the reasonableness and/or lawfulness of this condition will not be the issue in the current enforcement action. If Mr. Smith objected to the condition to remove the house within the three years, his remedy was to contest that condition at the time it was imposed. He cannot accept the benefit of the conditional use permit, develop his office building and parking lot, and then ignore the conditions pursuant to which his development approvals were obtained. His development of the Property pursuant to the conditional use permit is his agreement to the terms and conditions of the conditional use permit. The requirement to remove the house within 3 years was known to Mr. Smith, who testified to the City Council that he knew of this stipulation to remove the house but forgot about it. Whether Mr. Smith forgot about this condition, changed his mind about its reasonableness or changed his plans for the property are all irrelevant. The relevant facts are, Mr. Smith knew of this condition, he developed his property pursuant to this condition, and he has failed to comply with this condition despite having had almost twice the time allowed in the original approval to comply. Mr. Smith has also had the opportunity to request a further extension, which the City Council has heard, considered and denied, pursuant to the motion set forth in the attached minutes. The City has been more than reasonable with Mr. Smith in this matter by allowing his project to proceed despite the nonconforming house, and by allowing the house to remain an extra 3 years. It is now time to comply. The City Council further resolved on March 20 to allow Mr. Smith 90 days from that date to remove the house. I have been directed to proceed with enforcement immediately upon the expiration of those 90 days, if the house has not been removed. As you know, the City's enforcement options include prosecuting the violation of the zoning ordinance; commencing a civil action to bring the property into compliance with the approval and the zoning ordinance; and/or revoking the conditional use permit for failure to comply with the conditions of its approval.