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<br />AUG-12-94 FRI <br /> <br />10:39 ROBT MILLER LAW OFFICE <br /> <br />P.03 <br /> <br />. <br /> <br />Honorable Mayor and <br />council Members <br />August 12, 1994 <br />Pag(~ l <br /> <br />to Residential, but without a provision requiring <br />the five-year amortization period. <br /> <br />If no amortization period were enforced, the <br />use could continue as a lawful non-conforming <br />use and natural economic and development forces <br />would apply to the property in the normal course <br />of events. There are many residential develop- <br />ment restraints affecting the property which <br />staff is aware of from our discussion-narrowness <br />of lot, flag lot next door, etc. <br /> <br />If an amortization period were enforced, it would <br />be incumbent on the land owner to challenge thE1 <br />validity of the amortization period in Court <br />to avoid arguments such as waiver, estoppel, <br />detrimental reliance, etc. <br /> <br />. .:;cl,n..rio C: A third option would be to have the City acquire <br />the property as part of a redevelopment or other <br />program. possibly the City could create a TIF <br />district (or utilize other funding sources) to <br />obtain funds for the purchase. <br /> <br />Roys have received an inquiry (not a purchase <br />agreement) to sell the yard and inventory for <br />$550,000.00. This allocated $350,000.00 for <br />land and improvements and $200,000.00 for <br />inventory. <br /> <br />If the City were to purchase, the Roys would <br />be seeking a fair markete value price for the <br />land and building with the provision that it <br />retain possession for two years to reasonably <br />and economically liquidate its inventory. The <br />property would be purchased by the City in its <br />"as is. condition. <br /> <br />. <br /> <br />s~enario 0: The City and Roys enter into a relocation scheme <br />whereby the Roys recycling yard would be relocat"d <br />to an industrially zoned area in the city. onl' <br />version would be for the City to acquire land, <br />~uild a suitable L~c~~~ty l~ru~a~lu a ~G.C:;, <br />square foot warehouse/office building) and thun <br />the properties would be exchanged. A plan for <br />selling'off or moving inventory would have to <br />be worked out so that it could be done most cost- <br />effectively. <br />