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07-247Council File # d� Z y� Green Sheet # 3036309 Presented by RESOLUTION ITYpF SAINT PAUL, MINNESOTA �� WHEREAS, the Legislative Hearing Officer recommends that a request for a(ID # 20060003070) Second Hand Dealer— Motor Vehicle license for Micheal Abri, owner, Twin City Direct Auto Sale Inc, doing business as Twin City Direct at 1265 Arcade Street be approved with the following conditions: L There shall be no more than fourteen (14) 'For Sale' cazs on the lot at any one time. Eight (8) off-street pazking spaces, including maneuvering area, must be maintained for customers in accordance with city requirements. "Thru - access" must be provided at a11 time to allow vehicles entering or exiting the site to be traveling forwazd. 2. An obscuring fence, 6'-0" high must be installed and maintained in a professional manner along the west property line between the building and alley. If a new fence is installed, it must be constructed of wood materials. Plastic slats inserted in the existing chain link aze also acceptable as a screening device. 3. Use of the driveway on Arcade immediately north of Orange Avenue must be discontinued. VJl�eel stops or similar devices must be installed at the property line to prevent vehiculaz access to the property, from this driveway. 4. No outside storage is permitted. No cars that are For Sale shall be parked on the street. 5. No auto repair or auto body repair is allowed on the licensed premises or in the public right-of-way. Washing, waacing and cieaning vehicles intended for sale is allowed on the licensed premises. 6. Customer, employee or sale vehicles shall not be parked or stozed on the street or alley. All vehicles on the site must be parked as shown on the approved site plan on file in LIEP, dated 10/19/06. (Any changes to the site plan must be approved by the Zoning Administrator) 7. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. 8. The license holder agrees to maintain the vehicle location and vehicle barriers in a manner consistent with the approved site plan. 9. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. 10. Vehicle salvage is not permitted. 11. Auto body and painting are not permitted. 12. Customer vehicles may not be parked longer than 10 days on the premises. It shall be the responsibility of the licensee to ensure than any vehicle not claimed by its owner is removed from the lot as permitted by law. 13. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward as sripulated on the approved site plan. 14. Licensee must comply with all federal, state, and local laws. 15. Storage of vehicle fluids, batteries, etc. shall be in accordance with Ramsey County Hazardous Waste Regulations. 16. Failure to remain in compliance will result in adverse action against the license. 17. The Second Hand Dealer Motor Vehicle License is approved on the condition that the State of Minnesota Dealer Number is submitted to LIEP upon issuance by the State of Minnesota Dealer Unit. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. O�l Yeas Nays Absent Benanav � Bostrom ,i Harris ✓` Helgen ,�- Lantry ,r Montgomery ✓ Thune ,� � � � Adopted by Council: Date l ai/'07 Adoption Certified by Council Secretary By i,�iA - rr��vs ah Approved by Ma te �� Q u By: _ � .�� Requested by Department o£ � Form Approved by City Attomey � Approved by Mayor for Submission to Council C-3'� � Green Sheet Greea Sheet Green Sheet Green Sheet Green Sheet Green Sheet � O CO ��cii Conqd Person & Phone: Marcia Mcemwnd 266-5570 must fse on councii ngenaa by (oate) 07-FEB-07 Doc.Type: RESOLUTION E-DocumeM Required: Y Document CoMact: Jean Birkholz Contact Phone: 266-8673 ,9-JAN-0� y Assign Number Por Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3036309 Deaartment SeM To Person U ounca 1 omc�7 De areooen[ D'vector 2 3 4 5 " Clerk Ci Clerk Approving the license application with conditions, per the Legisla6ve Hearing Officer, for Micheal Abri, owner, Twin City Direct Auto Sale Inc, doing business as Twin City Direct at 1265 Arcade Street. or Contracts Planning Commission t. Has this personffirm ever worked under a contrect for this deparimenY? CIB Committee Yes No CivH Service Commission 2. Has this personlfirm ever been a city empbyee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yss No , Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: DisadvanWges If Not Approved: Transaction: Funding Source: Financial Information: (Exptain) Activity Number: � ��'�"G� ��� �; ' w [ CosURevenue Budgeted: January 19, 2007 8:55 AM Page 1 O LICENSE HEARING MINUTES Twin City Direct located at 1265 Arcade Street Thursday, January 11, 2007, 10:00 a.m. 330 City Ha11, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:05 a.m. Staff Present: Jeffrey Fischbach, License Inspector and Jeffrey Hawkins, License Inspector, License, Inspections and Environmental and Protection (LIEP); and Jean Birkholz, Council Research Others Present: Micheal Abri, business owner; Gary Van Cleve, attorney; and Wendy Aanenson, neighbor Twin City Direct: Second Hand Dealer Motor Vehicle License Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notification. Other Class N Licenses include: entertainment, liquor, etc.—things that have an immediate impact on their neighbors. The City received several letters of objection to the issuance of this license which means that a Legislative Hearing was necessazy. There are three (3) possible outcomes to this hearing. She could: 1) recommend to the City Council that they grant this license without any conditions; 2) recommend to the City Council that they grant this license with agreed upon conditions; or 3) recommend to the City Council that they refer this matter to an Administrative Law Judge, which usually takes from four (4) to six (6) months. Ms. Moermond would use this option if she thinks that there's no way that this business is workable at this location or if she thinks that there are conditions that aze absolutely necessary to make it workable that the applicant finds unacceptable. Ms. Moermond's recommendation will come to the City Council as a resolution and it will appear on the Consent Agenda. Ms. Moermond will begin with a staff report. Staff will be asked to explain their review of the application, and will also explain their recommendation. Then, she will ask the applicant to talk about the business plan. Next, she will heaz from people who are here in support of the issuance of the license and those with concerns about the issuance of the license. Then, she will talk about how to deal with some of those concerns. Finally, Ms. Moermond will make a recommendation which will be presented to the City Council. Jeffrey Fischbach, LIEP, reported that currently there is no business at this location. The previous business was Marshall Motors, Inc. They had a Second Hand Dealer Motor Vehicle license. According to LIEP's records, they have been out of business since at least January 5, 2006. Now, the lot is vacant and the building is also vacant. LIEP has recommended that this license be approved with the following conditions: 1. There shall be no more than fourteen (14) `For Sale" cars on the lot at any one time. Eight (8) off- street pazking spaces, including maneuvering area, must be maintained for customers in accordance with city requirement. "Thru – access" must be provided at all times to allow vehicles entering or exiting the site to be traveling forward. 2. An obscuring fence, 6'-0" high must be installed along the west property line between the building and alley. If a new fence is installed, it must be constnxcted of wood materials. Plastic slats inserted in o� ��� the existing chain link is also acceptable as a screening device. This condition must be complied with by September 1, 1999. 3. Use of the driveway on Arcade immediately north of Orange Avenue must be discontinued. Wheel stops or similaz devices must be installed at the property line to prevent vehicular access to the properry from this driveway. 4. No outside storage is permitted. No cars that are `For Sale' shall be pazked on the street. 5. No auto repair or auto body repair is allowed on the licensed premises. Washing, wasing and cleaning vehicles intended for sale is allowed. 6. Customer, employee or sale vehicles shall not be pazked or stored on the street or alley. This includes cazs which have been repaired and aze awaiting pick-up by their owners. All display vehicles on the site must be parked as shown on the approved site pian on file in LIEP, dated 10/16/06. (Any changes to the site plan must be approved by the Zoning Administrator.) 7. There shall be no exterior storage of vehicle parts, tires, oil or any other similaz materials associated with the business. Trash will be stored in a covered dumpster. 8. The license holder agrees to maintain the fencing, vehicle location and vehicle barriers in a manner consistent with the approved site plan. 9. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. 10. Vehicie salvage is not permitted. 11. Auto body and painting are not permitted. 12. No auto repair of vehicles may occur on the exterior of the lot or in the public right-of-way. All repair work must occur within an enclosed building. 13. Customer vehicles may not be parked longer than ten (10) days on the premises. It shall be the responsibility of the licensee to ensure that any vehicle not claimed by its owner is removed from the lot as permitted by law. 14. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward as stipulated on the approved site plan. 15. Licensee must comply with all federal, state and local laws. 16. Storage of vehicle fluids, batteries, etc. shall be in accordance with Ramsey County Hazardous Waste Regulations. 17. Failure to remain in compliance will result in adverse action against the license. 18. The Second Hand Dealer Motor Vehicle License is issued on the condition that the State of Minnesota Dealer Number is submitted to LIEP upon issuance by the State of Minnesota Dealer Unit. Mr. Hawkins reported that the Zoning review was done on October 19, 2006. He reviewed the Conditional Use Permit and the site plan that was on file. Mr. Abri had indicated that he was interested in changing the site plan; however, the Conditional Use Permit from 19941imits the number of cars "For Sale" to fourteen (14) and eight (8) off-street parking spaces for customers and employees. So, changing the site plan is not an option. This location has been re-zoned to TN2. If this license does not go tlu�ough, the legal non-conforming status will expire on this auto sales use. Ms. Moermond asked when it will expire. Mr. Hawkins explained that is expires one (1) yeaz after a business use is not used. In this case, that wouid be January 6, 2007, but because this application was submitted in October, 2006, it will not expire. Ms. Moermond asked why this application has been delayed. Mr. Fischbach reported that when Mr. Abri originally submitted the license application, his first check came back with insufficient funds, and Mr. Abri was out of the country at the time, so the City needed to wait until he came back, which delayed the process for three (3) to four (4) weeks. When Mr. Abri made the check good, the notification process began. Mr. Fischbach added that the 30-day notification was sent out on November 6, 2006. The deadline went to December 8, 2006. Objections were received and then the 2 o�-z� scheduling process began. (Further delays resulted because Mr. Abri's wife had a stroke shortly after the December 8, 2006 deadline.) Mr. Abri explained that he is a U.S. citizen residing in Woodbury, Minnesota. He has lived in Minnesota for twenty-eight (28) years. He has been in the import and home fiunishing business for over fifteen (15) yeazs. He considers himself an experienced business man. Out of those fifteen years, he had a business in downtown Saint Paul. He was an anchor tenant in the Renaissance Box but was forced to move when his pazking space was taken away from him. He was an active member of the community and did much to advertise and promote the Art CrawL He opened his doors and tried to educate the public about his product line imported from oversees, which most were not familiar with. Mr. Abri noted that he has agreed to comply with the conditions of this license and agrees to keep the site well maintained. His plan is to run a very conservative, small business from that location. He will have only one (1) or two (2) employees. He is going to lift the image of the building by making some improvements. Already, he has tried to make sure thai the area is free from gazbage, trash, etc. His previous business in Saint Paul never had a complaint. It was always neat and clean as his new business will be. He does not want to create any problems for himself or others. He is married and has one ( I) child. The import business takes a lot of capital to maintain and deals in luxury. The caz sales business deals with a necessity and is a better fit for him at this time. Mr. Van Cleve noted that this is the first time he has heazd anything regarding a Conditional Use limitation concerning the parking spaces. His understanding is that if Mr. Abri were seeking to have more spaces, he would need to secure an amendment for the conditional use permit from the Planning Commission. Mr. Hawkins replied that would normally be what someone would need to do, but because this site was re-zoned, the business now is a legal non-conforming business. Mr. Abri stated that he is leasing this property. He has 2'/z years experience in the auto industry, selling cars. ThaYs how he got interested in starting his own caz business. Ms. Wendy Aanenson, a neighbor who lives right next door, addressed the hearing in support of this business. She would rather see a business at the site instead of having it vacant. Being vacant, iYs becoming a dumping site and transients are loitering and breaking-in. Bags of laundry and garbage are being dumped there. In the suminer, she could hear people loitering behind the fence. It was scary. Ms. Moermond asked Ms. Aanenson about the condition of the fence. Ms. Aanenson replied that part of the fence cannot be seen through while another part can be seen through. Ms. Aanenson stated that her family has two (2) cars and they have never had a problem with parking when there was a car lot at that location. Ms. Moermond asked staff if people had called to complain about Marshall Motors' cars being parked on the street making it impossible for them to park in front of their own homes, and how did staff handle that. Mr. Hawkins responded that there had been just a couple of complaints at Marshall Motors since 2000. The complaints were for too many cars being parked along the street, including their tow truck. There was also a complaint that one couidn't get through the lot because of too many cars and the tow truck being there. Most of the neighborhood complaints in the letters are directed toward Heartland Auto, which is a block from this site. In July and October, 2006, there were some complaints about Heartland's cars being parked in the Marshall Motors' lot. Those issues were resolved. Ms. Moermond asked if this was listed as a registered vacant building. Mr. Fischbach replied that it is not a registered vacant building. The Certificate of Occupancy has been revoked by Fire Prevention because the building is unoccupied. Once a license is received, it must be posted. 3 o�t ��+� Ms. Moermond asked if pro-active inspections aze carried out by the City. Mr. Hawkins responded that LIEP and Neighborhood Housing and Property Improvement (NHI'I) are complaint-driven; however, while a file is open, re-checks aze conducted periodically. Mr. Fischbach added that LIEP does inspect businesses once a yeaz for compliance. Ms. Moermond asked that if she were a neighbor, could she expect a random check or two (2) within the next twelve (12) montl�s. Mr. Fischbach replied that there should be at least one (1) random check within the next twelve (12) months. For the record, Mr. Hawkins noted that if they aze in the neighborhood on another complaint, they wouldn't put blinders on to a violation they observed at Twin City Direct whether they had a complaint or not. Ms. Moermond asked if there had been any adverse action on Marshall Motors? Mr. Hawkins interjected that this property is perceived as Heartland's and not as Twin City Direct. He thinks that the concem of the neighborhood is that Heartland was going to expand over there and they' d have the same problems there as they do a block away. Heartland has had an adverse action and has had fines. Ms. Moer[nond asked Mr. Abri to set the record straight. She asked if there was any relationship at all between him and Heartiand Auto. Mr. Abri answered that there is not. He has leased the space from Masuud, Nasseh Ghaffari-Nikou's son, who owns the property. Nasseh Ghaffari-Nikou owns Heartland Auto. Ms. Moermond asked if anything in the lease implies that Masuud has anything to do with the operation of this business. Mr. Fischbach replied that there is not. Ms. Moermond asked Mr. Abri if he has any business partners. Mr. Abri responded, "No." Mr. Fischbach added that Mr. Abri lists Sied Jaffe listed as an officer. Mr. Abri stated that Mr. Jaffe was going to help him but he is not going to be an officer any more. Mr. Fischbach noted that LIEP will need something in writing that indicates Sied Jaffe is to be removed from the paperwork. Ms. Moermond asked if Mr. Jaffe has any relationship to Masuud Ghaffari-Nikou. Mr. Abri replied that Mr. Jaffe is Masuud's brother-in-law. Ms. Moermond asked if the Payne-Phalen Community Council had a meeting to discuss Mr. Abri's license and if he received any notification of it. Mr. Abri replied that he was not aware of any community meeting. Mr. Abri noted that he did have a meeting with Leslie McMurray, Executive Director, Payne-Phalen Community Council, to discuss his plans. Ms. Moermond asked staff about the condition of the alley side fence. Mr. Hawkins reported that the alley side fence is in good condition. IYs chain-link fence with slats. There aze slats along the northwest corner, also, all the way to the building. Mr. Van Cleve asked for clarification on the second condition, the last sentence which reads This condirion must be complied with by September 1, 1999. Mr. Hawkins responded that staff took the conditions directly from the Conditional Use Permit. Mr. Van Cleve then asked if there was something that Mr. Abri needed to do in connection witU that fence. Mr. Hawkins stated that the fence must be maintained. Mr. Fischbach echoed that these are conditions that must be maintained on an on-going basis, and go in tandem with the license holder and the property owner. Ms. Moermond asked staff to update conditions #2 and #8 which refer to fencing, and also condition #12. Ms. Moermond noticed that there wasn't a condition that deals with blacktop; perhaps one should be added. Mr. Abri commented that he recently had someone look at the blacktop because there are some cracks; consequently, it wi11 be re-done. Ms. Moermond also mentioned that she expects the property to be free from debris and to be well-kept. Mr. Abri assured Ms. Moermond that because he has been in a high-end business, image means a lot, so he will maintain a well-groomed image. �� �4� Ms. Moermond stated that the letters from the community seem to be concerned about the new TN2 zoning and people simply do not want an auto lot here. The reality is that an auto lot is a legal use at this location and the zoning change doesn't apply until it has been out of use for a year. Ms. Moermond recommends granting approval of this license with the following conditions: 1.There shall be no more than fourteen (14) 'For Sale' cars on the lot at any one time. Eight (8) off=street pazking spaces, including maneuvering azea, must be maintained for customers in accordance with city requirements. "Tlu1i - access" must be provided at all time to allow vehicles entering or exiting the site to be traveling forwazd. 2. An obscuring fence, 6'-0" high must be instailed and maintained in a professional mauner along the west property line between the building and alley. If a new fence is installed, it must be constnxcted of wood materials. Plastic slats inserted in the existing chain link aze also acceptable as a screening device. �-t.:.. ,. .,a:.:,... .... ...+ t,� ,. ..t:,,a ..:.w �... c�..«,..,,we.. i i oo� 3. Use of the driveway on Arcade immediately north of Orange Avenue must be discontinued. Wheel stops or similar devices must be installed at the property line to prevent vehiculaz access to the property, from this driveway. 4. No outside storage is permitted. No cars that are Fox Sale shall be pazked on the street. 5. No auto repair or auto body repair is allowed on the licensed premises or in the pubi'ic nght-of-way. Washing, waxing and cleaning vehicles intended for sale is allowed on the licens�d premises. 6. Customer, employee or sale vehicles shall not be pazked ar stored on the street or alley. '''�'�•�� ...'�:�w'��- � -�a °^a ° ° °:*:��- ~:�,� . �'�° *'�°:~ ~ All �ay vehicles on the site must be pazked as shown on the approved site plan on file in LIEP, dated 10/169/06. (Any changes to the site plan must be approved by the Zoning Administrator) 7. There shall be no exterior storage of vehicle parts, tires, oil or any other similaz materials associated witl� the business. Trash will be stored in a covered dumpster. 8. The license holder agrees to maintain the €e�g vehicle location and vehicle barriers in a manner consistent with the approved site plan. 9. All vehicles parked outdoors must appear to be compietely assembled with no major body parts missing. 10. Vehicle salvage is not permitted. 11. Auto body and painting are not permitted. ,..a, ... ...t ,. .,:.�.:.. .. ....�....oa �...:,a:..,� e � � 12. Customer vehicles may not be parked longer than 10 days on the premises. It shall be the responsibility of the licensee to ensure than any vehicle not claimed by its owner is removed from the lot as permitted by law. �4 13`. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward as stipulated on the approved slte plan. -I—S I�E. Licensee must comply with all federal, state, and local laws. -16 t5. Storage of vehicle fluids, batteries, etc. shall be in accordance with Ramsey County Hazardous Waste Rea lations. � 16. Failure to remain in compliance will result in adverse action against the license. d-8 1?. The Second Hand Dealer Motor Vehicle License is approved issxe� on the condition that the State of Minnesota Dealer Number is submitted to LIEP upon issuance by the State of Minnesota Dealer Unit. Ms. Moermond stated that she is going to have the City Attorney review staffls determination regazding the expiration date of the Conditional Use Permit because of the rezoning. She believes that staff is F o� - Z� - � correct in their determination; she would like legal verification to ensure there aze no more delays or complications. Mr. Van Cleve stated that from a legal perspective, he thinks that the timely application is going to result in the 1ega1 conclusion that Mr. Abri has a right to the issuance of the license. He requests that the City Attorney be made awaze that Mr. Abri has legal representation. If the City Attorney does think there aze any concerns about that issue, he would like to be contacted so that they could be discussed. The hearing was adjoumed at 10:45 a.m. ljab 0 Page 1 of 2 ��l Zy �1 Marcia Moermond - Fwd: Re: Legai opinion needed: License/Zoning Issue ,� r�-� _ .�. . From: Peter Warner To: Fischbach, Jeffrey; Hawkins, Jeff; Mcermond, Marcia Date: 2/2/2007 4:02 PM Subject: Fwd: Re: Legal opinion needed: License/Zoning Issue All: The legislative hearing officer, in a license application matter invoiving Twin City Direct, located at 1265 Arcade Street, requested answers to the zoning questions noted below. The hearing o�cer requested informal written responses to the questions. The questions are: 1. Did the Conditional Use Permit, previously issued to the property, eacpire when the property was re-zoned? and; 2. Did the nonconforming use status of the property expire under Leg. Code § 62.106(g)? I requested and received a draft copy of the minutes of the hearing held before the legislative hearing officer on ]anuary 11, 2007. My responses to the hearing officer's questions are as follows: 1. As a general ru�e, a conditional use permit does not expire or terminate due to a change in the underlying zoning classification of land provided that the conditional use continues in compliance with the terms specified in the permit. In the case of 1265 Arcade, because the use subject to the conditional use permit is on land that has been rezoned, the conditional use is now a legal nonconforming use. So long as the conditional use continues operating in compliance with the terms of the conditional use permiC, the conditional use may, theoretically, continue indefinitely. However, if changes to the existing conditional use are proposed, for instance, an expansion of the use or a change of use, the proposed changes must be now be analyzed for consistency with the applicable nonconforming use ordinances as welf as the ordinances regulating uses permitted under the new zoning classificaYion. In this instance, the CUP permit for 1265 Arcade did not expire simply because the land was being rezoned. 2. Leg. Code § 62.106(g) provides that the nonconforming use status of a property automatically expires where the nonconforming use has been discontinued for at least one year. The draft hearing minutes show that licensing staff informed the hearing o�cer that the previous use had been discontinued since at least January 5, 2006. The minutes also reflect that a"zoning review" was undertaken by zoning staff in connection with the present license application on October 19, 2006. A zoning review is required for all license application. Leg. Code § 310.03. The minutes also reflect irregularities in the license review wholly attributable to the applicant - a"NSF" check delayed the "completeness" of the application process (see Leg. Code §§ 310.02(a), 310.04(d)) as well as an apparent delay created by the applicanYs wife's health problems. Due to the delays caused by the applicant and the procedural requirements for hearings set forth in the licensing code, the licensing hearing date was set beyond the January 5, Z007 expiration date for the nonconforming use. The zoning code delegates to the City's zoning administrator the authority to enforce the zoning code. The zoning code contains no language expressly permitting the zoning administrator to modify Leg. Code § 62.106(g)'s 365 day time line for automatically discontinuing nonconforming uses. The license code delegates to the City's licensing inspectors the authority to enforce the licensing code. Although the zoning code and license code are separate spheres of municipal regulation, a casual read of the license code reueals that many licensing decisions rely upon a variety of zoning issues which must be addressed as part of the licensing process. I have had a conversation with the license inspectors in this matter. They inform me that it is their custom to "suspend" time lines in the zoning code while license applications are pending review before them. In this instance, the license inspectors, per their custom, suspended the one year automatic termination period for discontinued nonconforming uses based upon the applicant's pending license application for the subject property which was timely filed before the expiration of the one year period. I conclude that the license inspector's "policy" [my term] to in essence "toll" the zoning code's provision relative to the automatic termination of nonconforming uses pending final determination of a license matter - which also requires zoning code compliance - to be reasonable and withing the inspectors' authority to regulate licensing matters. file://C:�Documents and Settings\MarciaM\Local Settings\Temp�XPgrpwise\45C3607BAdminADMP... 2/5/2007 Page 2 of 2 � �—��� Aithough I could not find a Minnesota case directiy on point to support this conclusion, basic notions of procedural and substantive due process support the inspectors' decision and my conciusion. Here, the license application sought approval for a use of land that was aiready permitted subject to a conditional use permit. The license application was clearly submitted before the use author'rzed by the conditional use permit lost its nonconforming status. Sut for the length of time required to complete the license review process which, in this instance, concluded after the automatic expiration date set for the nonconforming use, the decision of the inspectors to toll the expiration date based upon the timely filing of the application and the length of time naturally built into the license review process is consistent with the express and implied authority given to the zoning administrator and license inspectors to administer the City's zoning and licensing ordinances. To find the opposite could, for instance, invite the zoning admi�istrator and/or license inspectors to be pressured into artificially manipulating the setting of hearing dates so that license or zoning applications might be denied by pretext and thereby denying the substantive and procedural rights of property owners. If you have any additionai questions, please do not hesitate to contact me. PWW »> Marcia Moermond 1/12/2007 9:47 AM »> ]eff(s) - Please get all materials to Warner for his review asap. Thanks. -marcia »> Peter Warner 1/11/2007 1:q4 PM »> All: I will also need and letters and records of any communications between the City and the applicant regarding the selection of dates for the hearing. etc. Without this information, I do not believe that I am able to fully opine on the matter. I need to know who said what and when. Thanks. PWW »> Jerry Hendrickson 1/11/2007 1:29 PM »> Marcia I'll be asking Pete Warner to look in to this and report back to me. What is your time line? Jerry »> Marcia Moermond 1/11/2007 1:04 PM »> Re: Second hand dealer motor vehicle license application for Twin Ciry Direct Auto Sales, Inc., 1265 Arcade St. Hi Jerry, I had a legislative hearing on this license application this morning. A question came up that kept me from being able to completely wrap up the issue. IYs this. The zoning here is TN. However, the previous occupant of the properry operated the same kind of business under a conditional use permit. This business has been closed since at lease January 5, 2005. Under normal conditions, of course, the CUP would expire. However, because there was an application in the works since November, staff made the determination that CUP would not expire. Because of the sensitivity of this type of licensing issue in this area, I'm looking for a confirmation that the CUP did not expire. I am asking that Jean forward the minutes to you as soon as they aze done. I am also asking that LIEP staff (Jeff and Jeffl send you information from the file, such as the CUP, application, etc. Please let me know if there are specific things you need from me along the way, and if this is assigned to one of your staf£ Thanks for looking into this. -Marcia file://C:\Documents and Settings\MarciaNnLocal Settings\Temp\XPgrpwise\45C3607BAdminADMP... 2/5/2007