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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 />
<br />WHEREAS, there are documented City Code violations dating back to the 1990s, with
<br />notices of violation regarding multiple issues, including motor vehicle sales, inoperable vehicles,
<br />debris, expansion of a lawful non-conforming use, and temporary signs, being sent out in 1996,
<br />1998, 1999, 2002, 2009, 2010, 2011, 2012, 2018; and
<br />
<br />WHEREAS, the City has a library of photos from past violations and historical aerial
<br />photos that demonstrate there have been past clean-up efforts; and
<br />
<br />WHEREAS, City Staff received a letter from an attorney representing the property about
<br />the Subject Property on October 1, 2009 in response to a September 21, 2009 Notice of Violation
<br />disputing the violations and claiming the Business was a fully protected as lawful non-
<br />conforming; and
<br />
<br />WHEREAS, in 2010, via a City Council Work Session, Staff provided an update to the
<br />City Council regarding the Subject Property, which eventually led to the last major clean-up of
<br />violations; and
<br />
<br />WHEREAS, in 2018, the City received additional complaints regarding the status and use
<br />of the Subject Property and verified that in addition to motor vehicle sales and repair, rentals were
<br />now also being offered; and
<br />
<br />WHEREAS, motor vehicle and equipment rental are an illegal use within both zoning
<br />districts on the Subject Property; and
<br />
<br />WHEREAS, the City sent a formal first notice of violation on July 11, 2018 for unlawful
<br />expansion of legal non-conforming use, stockpiled tires, removal of inoperable vehicles, removal of
<br />U-Haul rental service, and reducing the vehicle sale area; and
<br />
<br />WHEREAS, the City sent a formal second notice of violation on July 26, 2018 for unlawful
<br />expansion of legal non-conforming use, stockpiled tires, removal of inoperable vehicles, removal of
<br />U-Haul rental service, and reducing the vehicle sale area; and
<br />
<br />WHEREAS, City Staff has followed up with the Subject Property’s Attorney, on
<br />October 3, 2018 and October 25, 2018 in an attempt to cooperatively work through these
<br />violations and identify an agreed upon footprint for the lawful non-conforming use; and
<br />
<br />WHEREAS, in reviewing historical aerial photos of the Subject Property, it seems
<br />apparent that much of the area utilized by the Business extends beyond what would be
<br />considered the footprint of the lawful non-conforming use; and
<br />
<br />WHEREAS, the Property Owner indicated that dismantling of vehicles is taking place on
<br />the property and that vehicle parts are being stored in box trucks parked on the property which is
<br />not permitted to take place; and
<br />RESOLUTION #21-168
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