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Regular City Council Meeting Monday, March 22, 2010 Page 15 viously-approved veterinary clinic use not in operation and unable to meet those conditions. Ms. Beckman advised that the City could have addressed the nonconformity in the past and revoked the Conditional Use Permit at that time; however, the issue went unnoticed and was not enforced. Further discussion included public safety and traffic conflict concerns and en- forcement rights of the City to address the parking area unrelated to the Condi- tional Use Permit; and the State protection of legal, nonconforming uses prior to zoning ordinances prohibiting them. Roe moved, Johnson seconded, DENIAL of the applicant's request for Condition- al Use Amendment, with the request made moot in that the use is not in existence for the property. Councilmember Ihlan noted that action previously requested at the February 22, 2010 Council meeting included a resolution to deny the request, including find- ings for that denial; and spoke in support of denial based on those previous find- ings. The resolution is attached as a bench handout. Further discussion ensued, with Councilmember Ihlan providing a copy of the resolution for consideration by the City Council. Roe moved, Johnson seconded, adoption of Resolution No. 10799 entitled, "A Resolution DENYING an Amendment to a Conditional Use Permit intended to Allow Existing Parking Areas Adjacent to Autumn Street to Remain at 1901 Lex- ington Avenue (PF10-002);" Councilmember Ihlan spoke in support of the motion with findings as listed in the resolution, based on public safety and traffic conflicts. Councilmember Ihlan expressed interest in exploring ways to enforce conditions of the CUP not tied to the veterinary clinic used to address continuing concerns of the neighbors. Councilmember Roe supported looking at other ways to require removal of the parking areas, but opined that, on the advice of the city attorney, those ways would likely not involve enforcement of the conditions of the CUP. Roll Call Ayes: Roe; Pust; Ihlan; and Johnson. Nays: None. Recess