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Last modified
2/21/2024 3:20:13 PM
Creation date
2/21/2024 3:19:09 PM
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Planning Files
Planning Files - Planning File #
1656
Planning Files - Type
Special Use Permit
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f _2_ <br />breaking up. The council acted to revoke the special use permit <br />effective May 22, 1978, unless all conditions were completed. <br />On May 22, 1978, a re -inspection was made and determined that a section <br />of curbing along Partridge was z- 'T not completed and additional portions <br />of the curb were breaking up; no additional sod had been laid; and that <br />trees had been planted, but were not in accordance with the approved <br />landscaping plan. On May 24, 1978, the council. mended their action of <br />May 8, and extended the date for revocation to June 12. At that meeting <br />Mr. Trapp stated he did not want to sod the area from C-2 northerly and <br />adjacent to the storage building. <br />When the council considers the special use conditions on June 12, it will <br />be the ninth time this matter has been agendized. In addition, the staff <br />has spent an inordinate nunber'of hours in inspections and attenpts to <br />secure compliance. <br />The staff attempts to work with these type situations in such a manner <br />as to bring about compliance. In same situations the applicant may not <br />have fully understood the requirements or the applicant presents certain <br />problems which make it difficult to meet the conditions. In such cases <br />additional time nay be required, but the applicant has demonstrated sincere <br />effort to comply with the oonditicns to achieve the intended end result. <br />We view this as part of our function and responsibilities; i.e., to exercise <br />reasonable approaches to enforce conditions imposed by the Councl and city <br />codes. However, the process still makes us vulnerable to criticisms of <br />arbitrary or selective enforcements. <br />The objective and subjective factors in this situation appear to be as <br />follows: <br />1. The applicant agreed to the conditions of tle special use <br />permit adopted by the council cn October 20, 1976. <br />2. ne city has permitted the applicant an extraordinary Mount of <br />time to meet the conditions, which certainly meets any definition <br />of reasonableness. <br />3. The.applicant has not demonstrated good faith effort to meet the <br />conditions. items which were earpleted, were not canpleted according <br />to the plans or were done in such a manner that produced a result <br />contrary to the purpose of the conditions; i.e., to make that <br />property ocupatible with other properties in the area. The trees <br />and shrubs that were installed were generally and substantially <br />below what the approved plan required. The curbing was installed in <br />such a manner as to further distract fran the aesthetics of the site. <br />4. Zhe applicant throughout the entire process has publicly and flipplantly <br />disregarded these conditions. In my opinion this poses a potential <br />serious problem in getting compliance fran subsequent applicants. <br />
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