HomeMy WebLinkAboutMiscellaneous Correspondence 1980-4-18
~13~@~~CITY OF SPRINGFIELD
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April 18, 1980
TO: Joe Leahy, Assistant City Attorney
FROM: Ron Clark, Superintendent of Building ~
SUBJECT: Frey Conditional Use Permit - 3001 Main Street
A review of the Building Division file relative to the Frey CUP indicates that
the relevant conditions currently stand as follows:
1. Although a site plan was reviewed on August 16, 1978; the plan was denied
as inadequate. No other site plan was received from Mr. Frey, and no site
plan has, therefore, been approved. The condition for site plan approval was
not included in the change of conditions effected by the Planning Commission
on August 30, 1978.
2. A sidewalk was never ins'~alled along r~ain Street as required by the Plan-
ning Commission on October 5, 1977, and again on August 30, 1978, On February
21, 1979, the'condition was changed to allow an Improvement Agreement. On
April 10, 1979, Mr. Wingard signed an Improvement Agreement, but provided no
legal description of the property.
3. On February 21, 1979, the Planning Commission was told by Dick Johnson
that the slatted cyclone fence was installed according to the conditions of
the CUP. However, no mention was made at that meeting of "shrubbery along
Main Street", and this part of the condition has not been met.
4. The oil mat required relative to the customer parking area has not been
provided; the parking area has been graveled only.
5. A Street Light Improvement Agreement was signed by Mr. Wingard on April
10, 1979; however, the Engineering Divi~ion (Ron Sather) indicates that the
legal description provided is incorrect.
An interesting feature of this case occurs in the Planning Commission minutes
of August 30, 1978. At that meeting a motion was approved to automatically
terminate the tup if any of the conditions thereof were not complied with
within the time specified. Although the conditions of the Planning Commission
were appealed to the City Council on October 2, 1979, the Council voted to let
stand the conditions set by the Planning Commission. Since the condition re-
lative to the signing of the Street Light Improvement Agreement stipulated
that it be signed in 30 days, it is my understanding that the CUP may actually
have expired in November, nearly six months before the agreement was actually
signed. Of course no mention of this automatic termination condition occurs
in any correspondence to Mr. Wingard.
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