AGENDA #5g

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Annual Report – Special Use Permit Violations

 

DATE:             October 27, 2003

 

 

This report provides information regarding Special Use Permit violations over the last year.

 

BACKGROUND

 

On February 9, 1998, the Town Council requested an annual report regarding Special Use Permit violations.

 

On June 22, 1998, the Town Council adopted a resolution which specified when the annual report would be provided and the level of detail to be included in the report.  This memorandum provides the requested report.

 

DISCUSSION

 

There are three broad categories of Special Use Permit violations:

 

·      Violation of time limits;

·      Site Work occurring without the proper permits; and

·      Site Work occurring that was not authorized.

 

We learn about these Special Use Permit violations in several ways:

 

·      Citizens advise us of possible violations; and/or

·      Staff discovers violations.

 

Corrective procedures often involve two steps.  In most cases, we attempt to communicate orally with the property owner or property manager.  If the problem is not remedied, we begin a formal notification process.  The formal notification process involves written notice to the property owner advising the property owner of the nature of the violation, that the violation must stop, the necessary remedial action, the implications of not ceasing, and the appeal process.

 

This report provides the Council with information regarding these formal written violation notices over the last year.

 

SPECIAL USE PERMIT VIOLATIONS

 

Over the past year, we have issued two formal written notices of violation to Special Use Permit property owners. 

 

Former Collier Cobb Building:  A Special Use Permit Modification was approved by the Town Council in 1962 for the Collier Cobb Building located at 1407 East Franklin Street.  In June 2003, the property owner was formally notified of a Special Use Permit violation.  The violation included the removal of vegetation that provided parking lot screening adjacent to a residential neighborhood. The vegetation has not been replaced and the property is currently non-compliant.   A final written notice of violation was mailed last month. 

 

Red, Hot and Blue Restaurant:  In 1969, the Council approved a Special Use Permit for the Whole Food Plaza site (aka Kroger Plaza) on Elliott Road.   In May 2003, the property owner was formally notified of a Special Use Permit violation regarding day time dining at the restaurant.  This situation arose because of questions asked during consideration of a proposed expansion of Plaza Theaters on the adjacent property.  When we reviewed the 1969 permit to answer these questions, we noted the “night time eating” restrictions.  The property owner responded by seeking a Modification of the Special Use Permit condition.  On September 22, 2003, a Special Use Permit Modification was approved that removed the “night time eating” restriction.  The property is now in compliance.

 

SUMMARY

 

Two new formal written notices of Special Use Permit violations have occurred over the past year.  We will continue to provide the Council with Special Use Permit violation information annually.