File #: 12-079    Version: 3 Name: Appeal of the decision of the BZA’s revocation of PLN2011-00021
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 4/16/2012 Final action: 4/16/2012
Enactment date: Enactment #:
Title: Staff Report for Matter of Appeal by D. McKinney, Appellant, of the Decision of the Board of Zoning Adjustments’ Revocation of PLN2011-00021; Conditional Use Permit (CUP) to Operate a Trailer Rental and Sales Business at 2661 Alvarado Street, Unit 22. The property referenced in the CUP was used for an unauthorized activity other than the operation of the trailer rental business through rental to an entity that conducted a public assembly in the trailer business location. The unauthorized occupancy violated the PLN2011-00021 Conditions of Approval. Assessor's Parcel Number 77A-648-3-11; R. Legallet, 2661 Alvarado LLC (property owner); IG Industrial General District. (Continued from the March 5, 2012 City Council Meeting)
Sponsors: Luke Sims
Attachments: 1. Vicinity Map v2.pdf, 2. Application 2012 01 20 McKinney appeal of BZA Revocation w Statement.pdf, 3. BZA Findings for Revocation Res No 2012-01.pdf, 4. Attachment Police Dept Report 10-11-2011.pdf, 5. BZA Report 1-5-2012.pdf, 6. Excerpts of the 1-5-2012 BZA Minutes.pdf, 7. Excerpts of the 09-01-2011 BZA Minutes.pdf, 8. City Letter to C&M Legallet 11-3-2011.pdf, 9. Agreement to Conditions Unsigned.pdf, 10. Business Owner Ltr supporting CM Trailer.pdf, 11. Property Owner Ltr supporting CM Trailer.pdf, 12. BZA Report 9-1-2011.pdf, 13. BZA Findings for Approval 9-1-2011.pdf, 14. Applicants supporting statement 6-1-2011pdf.pdf
Related files: 12-158
Title
Staff Report for Matter of Appeal by D. McKinney, Appellant, of the Decision of the Board of Zoning Adjustments’ Revocation of PLN2011-00021; Conditional Use Permit (CUP) to Operate a Trailer Rental and Sales Business at 2661 Alvarado Street, Unit 22. The property referenced in the CUP was used for an unauthorized activity other than the operation of the trailer rental business through rental to an entity that conducted a public assembly in the trailer business location. The unauthorized occupancy violated the PLN2011-00021 Conditions of Approval. Assessor's Parcel Number 77A-648-3-11; R. Legallet, 2661 Alvarado LLC (property owner); IG Industrial General District. (Continued from the March 5, 2012 City Council Meeting)

Staffreport
RECOMMENDATIONS

The Board of Zoning Adjustments and staff recommend that the City Council make a motion to uphold the revocation of the CUP and deny the appeal.

BACKGROUND

This matter was scheduled and noticed for the City Council meeting date of March 5, 2012. Prior to the meeting date, the appellant requested postponing the matter to the April 19, 2012 City Council agenda. At the March 5th meeting the City Council, by motion, continued the matter to its April 19th meeting.

On January 5, 2012, the Board of Zoning Adjustments (BZA) revoked a conditional use permit (CUP) that was approved September 1, 2011 to C&M Trailer Rental, operated by Mr. Damon McKinney, and the property owner, Mr. Robert Legallet, 2661 Alvarado LLC to have a trailer rental and sales business at 2661 Alvarado Street, Unit 22 (BZA Findings of Fact for Revocation Resolution No. 2012-01 is attached). The Agreement to Conditions for the use permit, the BZA Staff Reports and the excerpts of the BZA meeting minutes from September 1, 2011 and January 5, 2012 are also included as attachments.

The BZA found that the property referenced in the CUP was used for an unauthorized activity other than the operation of the trailer rental business through rental to an...

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