03-19-1990 Planning Packet - Laserfiche WebLink

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. •• • (1) Has the 1987 Conditional Use Permit expired? (2) May the City grant a new or an amended conditional use permit? It appears that the 1987 Conditional Use Permit has expired; Under Item 5, Conclusions. Order and Conditions. Resolution No. 2193 provides that: Authorities granted by this conditional use permit run with the property not with the applicant, but are permissive only and must be exercised by application for a oermit within one year of the date of Council approval, or this conditional use permit will expire on that date (June 8, 1988). (Emphasis added.) . property owner may argue that this language can beinterpreted two ways: (1) That the applicant must apply for a building permit within twelve months; or (2) That the applicant must apply for a renewal of the conditional use permit by June 8, 1988. Regardless of the interpretation of the above, the effect appears to be the same. adopts the interpretation that the' 1987 Permit remained effective since the applicant applied for a building permit, the pending conditional use permit requests a change from one non-conforming use to another which may be considered by the City if a variance is applied for and granted to Code Section 10.3, subd. 5A. If the conditional use permit remained in effect, because the applicant secured a building permit prior to June 8, 1988, presuming building permits do not expire, then the Council may consider granting the new permit, only if the Council finds that a variance to Section 10.3, subd. 5A should be granted II.HAS THE 1987 CQHDITIOWAL USE PKRMTT RRRM ara DISCONTINUED ILSR Notwithstanding the issue of whether the applicant's conditional use permit has expired or whether the applicant seeks non-conforming use to another, and whether a variance to Section 10.3, subd. 5A should be granted, there is one -3-