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Case #3: Request for Extension to Install Required Site Improvements <br /> and Waiver of Financial Guarantee Requirement; Case of <br /> Dalles R.V. <br /> <br />Zoning Administrator Frolik stated that in the fall of 1992, Dalles R.V. was proposing to <br />relocate from 7129 Highway #10 N.W. to 7103 Highway #10 N.W. Mr. Notermann was <br />issued a Conditional use permit which required pavement and curbing, a deadline for <br />installing:the improvements and a financial guarantee ensuring the installation of the <br />improvements. Mr. Notermann placed the financial guarantee at the City in the form of a <br />letter of Oredit in the amount of $47,868.00 (150 percent of the estimated cost of the <br />improvements). Mr. Notermann did not meet the October 1993 deadline for installing the <br />improvements. When the expiration date on the letter of credit approached, the issuer was <br />notified that the improvements were not complete and that the letter must be renewed. A <br />request came from Mr. Notermann's daughter to inspect the improvements installed to date <br />to reduce the amount of the financial guarantee to be provided and for Council to extend the <br />deadline for the site improvements. Ms. Frolik stated that the letter of credit expired. Mr. <br />Notermann is now requesting that the time period for installing the required site <br />improvements be extended to 1997 and that no financial guarantee be required. Staff is <br />recommending an extension be granted but that the financial guarantee not be waived. <br /> <br />Mayor Gilbertson inquired of Mr. Notermann if he had understood the conditions of his <br />CUP, to which Mr. Notermann replied he did. Mayor Gilbertson added "you agreed, we <br />agreed last time". <br /> <br />Mr. Notermann stated he does not understand the City putting this type of financial <br />pressure tin a business just getting started as the new business owner does not know what <br />conditions he will encumber. He suggested these conditions were unfair for a person <br />"without a big bank roll". Mr. Notermann added that all the businesses who have recently <br />put tar on their parking lots have 75 percent of their vehicles on tar and 25 percent not. <br /> <br />Mr. Not0rmann's daughter stated that they (Dalles R.V.) did $15,000 worth of <br />blacktopp!ng, which is about two acres, and suggested this amount be deducted from the <br />financial guarantee required. <br /> <br />Mayor Oilbertson stated it would not be fair to other businesses as they have had to meet <br />these same requirements posed to Mr. Notermann. He added that at the time Mr. <br />Noterman~s CUP was approved, he (Notermann) agreed to all the items. <br /> <br />Councilmember Peterson inquired "isn't the financial guarantee the issue here?" <br /> <br />Mr. Notermann's daughter stated there is no way of knowing what the economy will be <br />and expressed a concern of being "knocked out of business" because of having to make <br />these improvements. <br /> <br />Councilmember Peterson stated there has to be a financial guarantee of $36,000. <br /> <br />Mayor Gilbertson stated that the City has to be fair, what one business gets, so does the <br />other. <br /> <br />Mr. Notermann stated that his situation was different because he is not intending to use <br />every square inch of his property. <br /> <br />Councilrnember Peterson reminded Mr. Notermann that he (Notermann) defined the size of <br />his own operation. <br /> <br />City Council/February 22, 1994 <br /> Page 5 of 13 <br /> <br /> <br />