03-11-1991 Council Packet - Laserfiche WebLink

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c:; V i . 3691.3 <■( TO: FROM: DATS: Mayor and City Council Mark E. Bernhardcon March 1, 1991 , City AdministratoV^ ’ V SUBJECT: Application 41497 Toberman Property Attachment:A. Application #1497 Toberman Property Memo Dated March 15, 1990 B. Toberman Management Memo Dated November 9, 1990 C. James Gilbert Letter Dated November 19, 1990 ISSUE - 1. Determine whether Council desires to adopt a denial resolution regarding the above cited application as outlined in Attachment A regarding non-conforming use of property as commercial use. 2. If Council does not desire to adopt a denial, give conceptual direction as to what process would be appropriate. INTRODUCTION - This application was initially submitted about a year ago. The initial application was for the following type of usage: Sale of boats, equipment and parts and introduced servicing of boats. During the consideration of this. Council indicated they were not willing to grant such an application. As noted in Attachment C the applicant's attorney has requested that the original conditional use permit be renewed and takes issue with the City’s position that there was a lapse in usage of a non-conforming use. As you may recall one of the issues for denial was that if the use did lapse and the City were to subsequantly grant a variance for an acknowledged lapse of use of a nonconforming use, the City would be granting a use variances which would not be allowed under the statutes. It is the applicant's position that the City could consider, that because of circumstances, the use in fact was not volunarily abandoned and that Council could then just grant a renewal of the previously existing variance. A private opinion from the City Attorney will outline his opinion on the matter. ALTERNATIVES 1. Adopt the denial resolution as presented. 2. Amend and adopt. 3* Give conceptual direction to permit Toberman to use the property under the conditions set forth in the 1987 permit