04-09-1990 Council Packet - Laserfiche WebLink

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(1) (2) Has the 1987 Conditional Use Permit expired? or an amendedMay the City grant a new 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 permit within one year of the date of Council approval, or this conditional use permit will expire on that date (June 8, 1988). (Emphasis added.) The property owner may argue that this language can be interpreted two ways: (1) (2) That the applicant must apply for building permit within twelve months; or 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. If one adopts the interpretation that the* 1987 Conditional Use Pormit remained effective since the applicant applied for a building permit, the pending conditional use permit application still 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 CONDITIONAL USE PERMIT BEEN ABANDONED? DISCONTINUED USE Notwithstanding the issue of whether the applicant's conditional use permit has expired or whether the applicant seeks to change from one non-conforming use to another, and whether a variance to Section 10.3, subd. 5A should be granted, there is one -3- »