Adopt Resolution #21-112 Confirming Extent of Lawful Nonconforming Rights at 14300 Sunfish Lk Blvd NW

The purpose of this case is to seek high-level policy direction from the City Council before approaching the Property Owner of the below referenced Code Complaint. This does not authorize any specific enforcement action, but aims to better understand Council's initial direction. There will be plenty of opportunity to discuss and negotiate with the Property Owner at a later date. 

The City has received a complaint on the Subject Property in regard to an automotive repair and automotive sales business on site. There has been a tow truck company operating out of the Subject Property since 1993, and a Conditional Use Permit was approved for that business.

In 2018, another business was moving forward with the Conditional Use Permit for automotive repairs and automotive sales, but their application was withdrawn before a decision was made. Since then, the business has been operating illegally and is not in compliance with City Code regulations.

It does not appear that the Subject Property has rights to automotive repairs or automotive sales, but if the landowner can provide alternative information proving said rights, City Staff will bring back to City Council for consideration.

No notification required.

By adopting this resolution, the Council will provide necessary direction so that Staff can take next steps in the enforcement process. If the City Council desires a more in depth discussion on this topic, Staff would recommend that the City Council postpone action and Staff will provide a more detailed report. 

Staff is handling this case as part of regular duties.

Staff recommends adoption of Resolution #21-112 stating that there are no existing lawful, nonconforming rights allowing automotive sales, automotive repairs, or other nonconforming rights onsite.

Motion to Adopt Resolution #21-112.