AGENDA #5b

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Annual Report – Special Use Permit Violations

DATE:             September 23, 2002

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:

· 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.  We note that the Top of the Hill violation, from last year, is still active.

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 attorneys working under contract with the Town.  As of this date, a judicial settlement has been reached; however, the terms of the settlement are not complete.

Former NCNB:  A Special Use Permit Modification was approved by the Town Council in 1981 for the former NCNB bank location on Old Durham Road.  On August 22, 2001, the property owner was formally notified of a Special Use Permit violation.  The violation included the parking of vehicles in the perimeter landscaped area and placement of a sign without Town approval.  The property owner was notified of compliance on December 20, 2001, once the vehicles and sign were removed.

McDonald’s Restaurant:  In 1984, the Council approved a Special Use Permit for the McDonald’s Restaurant on Fordham Boulevard.  On April 15, 2002, the property owner was formally notified of a Special Use Permit violation.  The violation involved changes to the parking lot lighting without Town approval.  The parking lot lighting was determined to be compliant on May 24, 2002.

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.