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07-18-2006 _2_
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07-18-2006 _2_
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Approved <br /> spring and one in the fall, so that the applicant does not have to request a Special Use <br /> Permit each year. This recommendation is based on the applicant having a good history <br /> with the City on regulating these sales in accordance with the approved conditions of <br /> prior Resolutions. The only change to the 2005 conditions would be an additional <br /> condition that if at any time the vehicle sale events create a Public Safety concern and the <br /> conditions of the Special Use Permit cannot be met, City Staff will require that the <br /> Planning Commission and City Council reconsider the Special Use Permit by notification <br /> to the applicant and by holding a Public Hearing. This additional condition provides <br /> assurances to the City that future property owners must comply with the Special Use <br /> Permit and a process to revoke it is established if City Staff determines they are not <br /> meeting the Special Use Permit standards. <br /> In summary, this would allow the applicant a sale in the spring and a sale in the fall <br /> without re-approval of an additional Special Use Permit so long as the events run <br /> between 8:00am and 4:30pm, all the for sale vehicles are removed from the property by <br /> 6:30pm on the day of the sale, the Director of Public Safety and the City Planner are <br /> notified of the events at least 90 days in advance, and that the Director of Public Safety <br /> can impose whatever traffic measures are deemed necessary. If at any time the applicant <br /> does not comply with these standards the Special Use Permit may be revoked by <br /> notification to CU Companies and by holding a public hearing with the Planning <br /> Commission. The Director of Public Safety has been notified of this recommendation <br /> and finds it to be satisfactory. <br /> Chuck Happach, Manager of the CU Auto Division, approached the Council to answer <br /> questions. Baker inquired if the applicant had any problems with the conditions that were <br /> listed on the approval. Happach replied that they had no issues with the conditions, <br /> except that they would like to have this year's fall sale on the fourteenth of October, <br /> which isn't within the ninety days staff notice period. He added that they would be able <br /> to meet the ninety day notice after this time. Howard asked if the amount of vehicles <br /> brought in for the sale varied. Happach replied that the number of vehicles that are <br /> brought in has been between 125 and 150 cars. Schiferl inquired from staff if there <br /> should be an upper limit on the number of cars that are allowed to be brought in for the <br /> sale. Gundlach replied that if the Commission would like to add an upper vehicle limit <br /> they could. Happach stated that 175 would be an acceptable number, and their company <br /> would most likely never bring in that amount of cars. Schiferl inquired from staff if 175 <br /> cars could cause a problem on the property. Gundlach replied that the site has 330 stalls <br /> and 175 car limits should not create an issue. Schiferl asked if the approval should <br /> explicitly state that the sales can only be held on Saturdays or Sundays. Gundlach replied <br /> that stipulation can be added to the approval also. <br /> Motion by Baker, Second by Schiferl to CLOSE THE PUBLIC HEARING. <br /> 5 Ayes, 0 Nays, MOTION CARRIED. <br /> C: Page 2 of 13 <br />
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