2010-54 RESCINDING CONDITIONAL USE PERMIT AND REPEALING ORDINANCE 2002-103 - 2506 NORTH WATER STREET

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DEVELOPMENT SERVICES MEMORANDUM No. 10-63 July 14, 2010 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager Greg C. Crowe, Assistant City Manager Suzan M. Stickle, Senior Planner SUBJECT: Rescind Conditional Use Permit at 2506 North Water Street SUMMARY RECOMMENDATION: Staff recommends approval to rescind the Conditional Use Permit for Automotive Storage Yard. The City Plan Commission voted 7-0 to recommend approval of this petition at the July 1, 2010 meeting; the minutes of the meeting are attached. BACKGROUND: The Decatur City Council approved a Conditional Use Permit to allow for an automotive storage yard at 2506 North Water Street in November of 2002. Upon approval of the Conditional Use Permit in November 2002, the owner committed to installing landscaping, paving and fencing within six (6) months. City staff attempted to obtain compliance with the regulations of the Zoning Ordinance and the approved CUP. They were unsuccessful in getting the owner to bring the property into compliance. In October of 2003, a petition was filed by the Acting Director of the Department to rescind the CUP based on non-compliance with the regulations of the Zoning Ordinance and approved Conditional Use Permit. The owner made some attempts of assuring City Staff that he was working on the property to bring it into compliance. Staff never took the petition to the Plan Commission for public hearing. Staff has received complaints from the public regarding this property and has investigated the complaints. Current City Staff has been to the site for property code violations, it has been noted that none of the requirements of the Conditional Use Permit have ever been met. This site has been problematic for a number of years and staff believes that the Conditional Use Permit should be rescinded to make sure the property is never reopened as an automotive storage yard by the owner. A Zoning Violation letter was sent to the property owner on May 20, 2010. Myself and Mike Swartz, a Neighborhood Service Officer, met with the owner at the site on May 27, 2010 on the violations. The owner was told that we would be rescinding the Conditional Use Permit and he was fine with that as he was working on a deal with another business to take over the property. A letter was sent to the owner on June 25, 2010 letting him know of the meeting today to rescind the Conditional Use Permit. The owner spoke with me on Monday, June 28, 2010 and asked me to speak with the owner of the potential business. I spoke with him on Tuesday, June 29, 2010 and what he is wanting to do works with the property as it is currently zoned and does not require a Conditional Use Permit to operate. POTENTIAL OBJECTION: There were no known objectors at the Plan Commission Meeting. INPUT FROM OTHER SOURCES: The petition has been reviewed by the City's Technical Review Committee; Planning, Engineering and Fire have approved the petition. STAFF REFERENCE: Any additional questions may be forwarded to Suzan M. Stickle at 424-2786 or at smstickle@decaturil.gov. BUDGET/TIME IMPLICATIONS: None.