AGENDA #5a

 

MEMORANDUM

 

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Annual Report – Special Use Permit Violations

 

DATE:             September 10, 2001

 

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

 

We believe 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:

 

·          Citizen, Council members advise us; and/or

·          Staff discovers the violation.

 

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 implication 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, those being A Better Wrench and Britthaven of Chapel Hill.  In addition, the Top of the Hill violation, from last year, is still active.

 

A Better Wrench:  A Special Use Permit is in place for A Better Wrench.  In March 2001, we prepared a formal notice of violation for the property owner regarding the improper execution of the plat which created Northfield Drive.  The recorded plat did not clearly indicate that the right-of-way was being dedicated when the lot was created.  A new plat has been recorded establishing the public right-of-way.

 

Britthaven of Chapel Hill:  In February 1998, construction of a parking lot expansion occurred without proper authorization.  In October of 1999, the Council approved a Special Use Permit Modification to repair and replace the unauthorized parking lot with a different layout that met Town standards.  In October of 2000, the Town Manager extended the construction start date of the Special Use Permit to November 2, 2000.  On November 22, 2000, a notification of violation was mailed because we believed that construction had not begun.   We later determined that initial construction activity had begun by the November 2, 2000 date.  However, construction has not proceeded.   In a May 8, 2001 letter to the property owner, we noted the upcoming October 11, 2001 construction completion date.

 

Top of the Hill:  In 1991 the Council approved a Special Use Permit for the Top of the Hill.  A condition of the Special Use Permit required that a mast arm and underground conduit be provided.  These items were not included in the construction as required.  In 1999, we prepared a formal notice of violation.  On August 15, 2000, we referred the violation to Baddour and Milner, attorneys working under contract with the Town.  The firm continues to work with the owner.  We understand that progress is being made to reach resolution. 

 

SUMMARY

 

Two new formal written notices of Special Use Permit violations have occurred over the past year:  A Better Wrench and Britthaven of Chapel Hill.  We will continue to provide the Council with Special Use Permit violation information annually.