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Councilmember introduced the following resolution and moved for its adoption: <br />RESOLUTION #19-222 <br />A RESOLUTION APPROVING CODE ENFORCEMENT ACTION PLAN FOR 6336 <br />HIGHWAY 10 NW COMMONLY KNOWN AS JAC AUTO REPAIR AND SALES <br />WHEREAS, JAC Auto Repair and Sales (the "Business") is operating on the property <br />generally known as 6336 Highway 10 NW and legally described as follows: <br />LOT 2 AUDITOR SUBDIVISION NUMBER 096, EX ROAD SUBJECT TO <br />EASEMENT OF RECORD <br />(the "Subject Property"); and <br />WHEREAS, the Subject Property is zoned H-1 Business District; and <br />WHEREAS, the Subject Property is approximately 0.95 acres; and <br />WHEREAS, the Business, commonly known as JAC Auto Repair and Sales, has been in <br />operation after the City's incorporation and formal adoption of zoning authority; and <br />WHEREAS, the City acknowledges that certain lawful non -conforming rights related to <br />motor vehicle repair and sales are applicable; however, the `footprint' of the lawful non- <br />conforming use appears to have expanded based on historic aerials; and <br />WHEREAS, there are documented City Code violations dating back to the 1980s, with <br />notices of violation regarding multiple issues, including off-street parking, exterior storage of <br />inoperable vehicles, accumulation of debris, non -permitted signs, and operating a business <br />without proper licensure, with notifications sent in 1985, 1990, 1993, 1994, 2006, and 2007; and <br />WHEREAS, an agreement was reached between the Business owner and the City <br />Attorney on January 3, 1986 permitting the business to store no more than four (4) inoperable <br />automobiles behind the fence that exists behind the garage; and <br />WHEREAS, that same agreement called for the removal of any and all other <br />automobiles from the property by January 17, 1986; and <br />WHEREAS, that same agreement required the Business owner to provide three (3) <br />parking spaces for each the auto body business and auto upholstery business on the Subject <br />Property; and <br />WHEREAS, City Staff have in their possession photographs that find the Business to be <br />out of compliance with this past agreement; and <br />