Agenda - Council - 05/26/1992 - Laserfiche WebLink

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CASE REQUEST iFOR A TEMPORARY CONDITIONAL USE PERMIT FOR AN AUTO REPAIR/TO.'WIN~' SERVICE/NEW PARTS SALES FACILITY AT 14600 NOWTHEN BLVD. N.W,I(PiN ~r25.32-25-23-0006); CASE OF FRED DINNETZ OF ATH, INC. ! '~ By: Zoning Administrator Sylvia Frolik Background: In January of thia ye~, the City Council revoked a conditional use permit for auto sales and repair at 14600 Nowthen~lvd. iN.W. The primary reason the CUP was brought before City Council was that the permit issued al!~ed!for repair of only those autos that would be for sale on the property. About one year ago, Gerald:l~oot leased the property to Fred Dinnetz of ATH and the primary use of the site was auto repair, not just reI~tir .df cars that would be for sale on the property. After many attempts to get Mr. Root to apply for an .a~ne~-' nd, ed conditional use permit failed, the City Council revoked the permit for non- compliance and gave tge leasee 90 days to vacate the auto repair use from the property. Mr. Dinnetz of Ad H ~aS present at the Council meeting in which this revocation action took place. Upon inquiry as to the~e ~ti0tts available to him in order to maintain his auto repair business at 14600 Nowthen Blvd., City CotLn~ il informed Mr. Dinnetz that he could apply for a conditional use permit and in the interim, it woulfl' b: inhis best interest to improve the condition of premises at the site. Observations: ~ On March 18, t~.~92, !Mr. Dinnetz submitted an application for a conditional use permit for auto repair/towing $¢r?ice~/new parts sales at 14600 Nowthen Blvd. N.W. His application included a professionally dra~Vn Site plan and he did initiate site clean up efforts. On April 6, 19921 thd Planning and Zoning Commission conducted a public hearing. At the public hearing, Mr. rC_rre~ Isa$cson, attorney for Mr. Dinnetz, announced that Mr. Dinnetz was requesting to modify his application ito a temporary conditional use permit not to exceed 18 months. Mr. Dinnetz was requesting an 18 ;~ont~ time frame to allow sufficient time to fred a more appropriate, location and funding. The modifica, tion ~aS ~in response to Staff's concern that the proposed use is not generally compatible with the area, a ~teri$ for consideration under conditional use permits. Mr. Isaacson also noted that if the conditional u~q~perCdt is approved on a temporary basis, the applicant would not be in favor of making investments in the~r01~erty and would withdraw proposed site improvements as reflected in the site plan submitted. ThePlgnnihg and Zoning Commission proceeded to review and amend the proposed findings of fact an.d voted ~ to ~ to recommend that City Council deny the application for a temporary conditional use permit. ~ On April 28, 19921. the City Council granted a 30 day extension to the 90 day time frame for vacating the subject premises of,.auto repair activity in order to allow additional time to resolve Mr. Dinnetz' conditional use permit application', [The extension was necessary due to a staff error in scheduling. The following aerr/s enclosed for your information: a) Site location[ map b) Site plah (th~s is provided for site layout information purposes only; if a temporary conditional use pc ~rgait 'i$ granted, the applicant does not expect to be required to make investments in the property, foria temporary occupancy. c) City Co~ne~ public hearing and regular meeting minutes dated January 28, 1992. d) Planning an,l:l Zoning Commission public hearing and regular meeting minutes dated April 6, e) Proposed f'mdings of fact f) PropoSe~l coitdifional use permit