5.1. SR 06-15-2009 - Laserfiche WebLink

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/J 1 l~Zver REQUEST FOR ACTION To Item Number Ci Council 5.1. Agenda Section Meeting Date Prepared by Communi Develo ment une 15, 2009 erem Barnhart, Plannin Mana er Item Description Reviewed by Consider Revocation of Conditional Use Permit for William Matthews, Case No. CU 07-15 -Public Hearing Reviewed by Action Requested Staff recommends that the CUP be extended for three months, with all improvements being completed by September 18. If improvements are not completed by that date, staff would strongly recommend that the CUP be revoked. Background/Discussion Mathews Auto originally received a Conditional Use Permit (CU 06-28) for auto sales on the subject property on November 20, 2006. The CUP listed 16 conditions to be completed. Section 30-656 of the City Code requires work to be `substantially completed' within two years of the date of issuance or the permit becomes null and void. On June 18, 2007, the City Council granted an amendment to the Conditional Use Permit. This amendment changed the southern access onto the subject property which shares a common drive with the YMCA. Other changes included allowing two-way traffic on the east side of the building and some landscaping changes. On May 19, 2008, staff sent a letter reminding Mr. Mathews of his obligations to be completed and accepted by November 20, 2008. On Apri18, the original CUP expired, and staff sent a letter to Mr. Mathews again outlining the issues. This letter triggered a meeting on Apri123, 2009 between staff and Mr. Mathews. No action has been taken on completing the work, although the property owner received a permit to repair the roof on May 1, 2009. Copies of the Conditional Use Permits and correspondence are attached. Staff is taking the opinion that the two years expire on June 18, 2009, (two years after the amendment). Because no work has been completed, the Council could elect to revoke the Conditional Use Permit effective June 18. If the Council revoked the CUP, the City would notify the State, effectively revoking their license to sell motor vehicles. Another option the Council could utilize would include granting an extension of time to allow Mr. Mathews to complete the work. The Council could also require a financial guarantee as an incentive to complete the work. S:\PLANNING MAIN\Case Files\CUP\CU 07-IS Ciry of ER Mathews\Revocation update to CC 6-15-09.doc