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

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Excerpts from Plan Commission Minutes of July 1,2010: Cal.No. 10-18 Petition of GREG C. CROWE, ASSISTANT CITY MANAGER, to rescind the Conditional Use Permit at 2506 North Water Street for an Automotive Storage Yard in the M-2 Heavy Industrial District. Ms. Stickle passed out a copy of the letter which was sent to the property owner notifying them of the petition to rescind the Conditional Use Permit. Ms. Stickle presented the recommendation of staff: 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. The property currently utilizes the address of 2504 North Water Street, however, when the Conditional Use Permit was applied for 2506 North Water Street was the address used. There are many discrepancies in the addresses used for this property. The legal description of the property as filed is correct. 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 This site has been problematic for a number of years and staff believes that the Conditional Use Permit should be rescinded to make sure the property is never reopened as an automotive storage yard by the owner.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. Staff requests approval of the petition to rescind. A motion to forward Calendar No. 10-18 to City Council with a recommendation of approval is suggested. There were no questions and no objectors present. It was moved and seconded (Mickler/Sadorus) to forward Cal. No. 10-18 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.