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TO: City Administrator <br /> <br />FROM: City Attorney <br /> <br />RE: Welch Auto Body <br /> <br />DATE: May 6, 1981 <br /> <br />You have advised me that Mr. Welch is maintaining an auto body and <br />auto repair shop on his R-1 zoned property. You have further advised <br />me that because of the numerous junked auto parts and miscellaneous <br />debris on the premises that it appears that a "junk yard" condition <br />is also existing on the premises. And finally you have advised me <br />that thse uses have been in existance for some time on this property. <br /> <br />Based on the above, it is my opinion that the owner has a non-con- <br />forming use right in the continued similar use of the property. <br />However, this right does not include the creation of a nuisance and <br />junk yard and/or the expansion of the non conforming use. <br /> <br />I recommend that in order to get control of this situation the City <br />should direct certain controls to be complied with by the owner such <br />as screening and general clean-up of debris. These controls should <br />be obtained through the City's conditional use procedures which includes <br />a public hearing. In acting on the conditional use permit applications, <br />the City should take into consideration the owners non-conforming use <br />rights. ~ <br /> <br />Finally, if the owner does not cooperate with the conditional use per- <br />mit procedures, the City my want to strictly enforce and ltmft the <br />non-conforming use by looking into the site's public nuisance problems <br />along with the illegal expansion of a non-conforming use. <br /> <br />~KG:sb <br /> <br /> <br />