HomeMy WebLinkAboutItem 6.1 Chrysler Realty Use Permit Appeal 45v-56
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 14 , 1991
SUBJECT: Appeal of PA 90-074 Chrysler Realty
Corporation Conditional Use Permit at
6451 Scarlett Court
C'Atc
REPORT PREPARED BY: Carol R. Cirelli , Associate Planner
EXHIBITS ATTACHED:
Exhibit A: Plans
Exhibit B: Draft Resolution of Approval upholding
the Planning Commission action approving
the Conditional Use Permit
Attachment 1 : Planning Commission Resolution No.
90-065, Conditional Use Permit approval
Attachment 2 : Minutes for the November 19, 1990
Planning Commission meeting
Attachment 3 : Letter of Appeal dated received
November 28 , 1990
Attachment 4: Dublin Boulevard Extension Map
RECOMMENDATION: 1) Open Public Hearing and hear Staff
presentation
2) Take testimony from Applicant and
the public
3 ) Question Staff, Applicant and the
Public
4) Close Public Hearing and deliberate
5) Adopt Resolution (Exhibit B)
approving Conditional Use Permit,
or give Staff and Applicant
direction and continue the matter
FINANCIAL STATEMENT: None
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COPIES TO: General/Agenda File
Address File
ITEM NO. Project Planner
DESCRIPTION:
Background
In August of 1990 , the Applicant submitted an application
requesting Conditional Use Permit approval to operate a new and
used auto sales and service agency. A previous Conditional Use
Permit for the auto dealership, which was approved on November 3 ,
1986 , expired on November 15, 1989 , and the building and site has
remained vacant and unutilized since then.
On November 19 , 1990 , the Planning Commission adopted Planning
Commission Resolution No. 90-065 (Attachment 1) approving the
Applicant's Conditional Use Permit request for a one year period.
On November 28, 1990 , the Planning Commission action was appealed
by the Applicant. The Applicant is requesting a 10 year time
limit on the use permit (see Attachment 3) .
Analysis
The Planning Commission approved, at Staff's recommendation, the
Chrysler Conditional Use Permit for a term of one year because:
1) the construction schedule of the Dublin Boulevard Extension
project accommodates a one year use of the proposed project site;
and 2) the Applicant is not proposing any major site improvements
such as an addition to the existing building. The site is
basically to remain "as is" . The Planning Commission and Staff
believe this one year time frame is appropriate.
The ordinance establishing the right-of-way line for the
extension of Dublin Boulevard was adopted by the Council on
April 25, 1988 . The proposed construction of the Dublin
Boulevard Extension project will have a severe impact on the use
of the proposed project site in that a majority of the existing
building would need to be demolished when the extension of Dublin
Boulevard is constructed (see Attachment 4) . The portion of the
project site designated within the adopted right-of-way for the
Dublin Boulevard Extension is tentatively scheduled to be
acquired by the City in the latter part of this fiscal year
(FY90-91) . Construction of the roadway project is expected to
occur next fiscal year 1991-1992 . The Conditional Use Permit
approval will not affect or preclude the acquisition of the
property for the Dublin Boulevard Extension.
It should be noted that in conjunction with PA 90-066 Chevron
Conditional Use Permit/Site Development Review the Planning
commission is recommending that the Council initiate a General
Plan Amendment and Specific Plan Study for the Scarlett Court
area.
Attached for Council consideration is a Draft Resolution
(Exhibit B) , which upholds the Planning Commission action
approving a Conditional Use Permit for one year only.
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RESOLUTION NO. 91 -
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
----------------------------------------------------------------------
UPHOLDING THE PLANNING COMMISSION'S ACTION APPROVING PA 90-074
CHRYSLER REALTY CORPORATION AUTO SALES AND SERVICE
CONDITIONAL USE PERMIT AT 6451 SCARLETT COURT
WHEREAS, Thomas Shol es, on behalf of the Chrysler Realty
Corporation, filed .a Conditional Use Permit to operate an auto sales
and service facility at 6451 Scarlett Court; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on November 5, and November 19 , 1990; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be categorically exempt under Section 15301 (a) (h) , Class 1
of the State CEQA guidelines because the project will consist of the
operation and minor repair and maintenance of an existing structure
involving no expansion of the use beyond the previously existing use;
and
WHEREAS, the subject property abuts Scarlett Court, an existing
City street; and
WHEREAS, City Ordinance No. 12-88 established the right-of-way
lines for the extension of Dublin Boulevard between Dougherty Road and
the Southern Pacific Railroad right-of-way, and for a street
connecting the Dublin Boulevard extension with Scarlett Court, and the
project is partially located in the adopted right-of-way of the Dublin
Boulevard extension; and
WHEREAS, the existing building is nonconforming because it is
partially located within the adopted right-of-way line for the Dublin
Boulevard Extension; and
WHEREAS, the Applicant is not proposing to extend, enlarge or
structurally alter the building; therefore, the building can be used
for a permitted or conditionally permitted use; and
WHEREAS, approval of this Conditional Use Permit will not affect
or preclude the acquisition of the property for the Dublin Boulevard
Extension; and
WHEREAS, the proposed land use, if conditionally approved, is
appropriate for the subject property in terms of being compatible with
existing land uses in the area and will not overburden public
services; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, on November 19, 1990 , the Planning Commission adopted
Resolution No. 90-065, approving PA 90-074 Conditional Use Permit for
the Chrysler Realty Corporation Auto Sales and Service Facility; and
mass
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WHEREAS, the Planning Commission action approving PA 90-065
Chrysler Realty Corporation auto sales and service Conditional Use
Permit was appealed; and
WHEREAS, the City Council held a public hearing on the appeal on
January 14 , 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the Staff Report was submitted to the City Council
recommending the City Council uphold the Planning Commission approval
of the Conditional Use Permit application; and
WHEREAS, the City Council heard and considered all reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find:
A. The proposed project will serve a public need by providing
additional automobile sales and service in the City of
Dublin.
B. The use will be properly related to other land uses and
transportation and service facilities in the immediate
vicinity, as the proposed use will be compatible to said
land uses, transportation and service facilities in the
immediate vicinity.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the
health or safety of persons residing or working in the
vicinity, or be materially detrimental to the public welfare
or injurious to property or improvements in the
neighborhood, as all applicable regulations will be met.
D. The use will not be contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located, as the proposed use is compatible
with the adjacent general commercial and retail business
district uses.
E. The project is consistent with the policies contained in the
City's General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby
uphold the Planning Commission's action conditionally approving
Conditional Use Permit application PA 90-074 as shown in Exhibit A,
subject to the following conditions:
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CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of building permits or establishment of
use . and shall be subject to Planning Department review and approval .
1. PA 90-074 Conditional Use Permit approval is for the
operation of an auto sales and service facility at the
existing building and site as generally shown in Exhibit A,
plans prepared by Engineering West, dated received by the
Planning Department August 31 , 1990 . This use will consist
of the following:
a) automotive vehicle sales and indoor/outdoor car
displays; and
b) automotive vehicle services (including painting and
repair) ; and
C) automotive vehicle sales/parts department.
2 . The Applicant shall provide and maintain at all times the
following type and number of on-site parking spaces:
13 employee parking spaces
12 customer parking spaces
8 service parking spaces
1 handicapped parking space
3 . All parking spaces shall be repainted and the customer,
employee and handicapped parking spaces shall be double-
striped (4-inch-wide stripes, spaced approximately 2 feet
apart) . The handicapped, customer, employee and compact
parking spaces shall be appropriately identified, on the
pavement. Prior to striping the site, the Applicant shall
submit a parking lot striping plan subject to review and
approval by the Planning Director.
4. The Applicant shall remove all existing signs which identify
businesses that are no longer in operation. In addition,
the Applicant shall submit final sign plans for all new
signs in compliance with the City's Sign Ordinance. These
sign plans are subject to the review and approval by the
Planning Director, and the Applicant shall obtain all
necessary building permits.
5. Prior to occupancy of the existing building, the Applicant
shall repair all damaged pavement in the parking areas
subject to the review and approval by the Public Works
Director.
6 . The Applicant shall comply with the following Dougherty
Regional Fire Authority requirements:
a) The area around the perimeter of the building is
designated as a .20' fire lane. This fire lane must be
3 -
properly posted as per the California Vehicle Code
Section 22 . 500. 1 .
b) All hazardous waste, i .e. , waste oil, waste anti-
freeze, used batteries, etc. , must be stored and
labeled in accordance with the Alameda County Hazardous
Waste guidelines. These guidelines are available
through the Alameda County Environmental Health
Department.
C) Any spray painting must be done in an approved spray
booth equipped with an approved automatic extinguishing
system.
7. As required by the Dublin Police Department and prior to
occupancy of the existing building, all security hardware
must comply with the City of Dublin Non-residential Security
Requirements (City Ordinance No. 21-89 , attached) .
8 . Outdoor storage or display of merchandise is expressly
prohibited except when located within the approved car
display area, or unless authorized by subsequent Conditional
Use Permit or Administrative Conditional Use Permit
approvals for special promotional events. All
demonstrations, displays, services, and other activities
shall be conducted entirely within the structures on the
site. No loudspeakers or amplified music shall be permitted
outside the enclosed structure.
9. Prior to occupancy or establishment of use, all landscaped
areas shall be enhanced and maintained in accordance with
previous plans approved November 3 , 1986 , February 4 and
April 7 , 1987 .
10 . All landscaping shall be irrigated by an automatic
irrigation system.
11. If a new landscape plan is proposed, which indicates changes
in the existing landscape layout, design, or plant type, the
Applicant shall submit a detailed landscape and irrigation
plan ( 1 inch = 20 feet scale) , including a cost estimate of
work and materials, subject to the review and approval of
the Planning Director. Landscape plans should indicate the
general plant pallet including description of plants, rate
of growth, container size, and typical planting and double
staking detail . Landscape and irrigation plans shall be
signed by a licensed landscape architect.
12 . Landscaping at the site shall not obstruct the sight
distance of motorists, pedestrians or bicyclists. Except
for trees, landscaping at drive aisle intersections shall
not be higher than 30" above the curb.
4 -
13 . The Applicant shall complete and submit to the Dublin
Planning Department the Standard Plant Material , Irrigation
and Maintenance Agreement (attached) .
14 . Prior to occupancy of the existing building, the Applicant
shall supply written confirmation that the requirements of
the Dublin San Ramon Services District and Dougherty
Regional Fire Authority have been met.
15 . This permit shall expire January 14 , 1992.
16 . This permit shall be revocable for cause in accordance with
Section 8-90. 3 of the Dublin Zoning Ordinance. Any
violation of the terms of conditions of this permit shall be
subject to citation.
17. To apply for building permits, the Applicant shall submit
six (6) sets of construction plans to the Building
Department for plan check. Each set of plans shall have
attached an annotated copy of this Resolution of Approval .
The notations shall clearly indicate how all conditions of
approval will be complied with. Construction plans will not
be accepted without the annotated resolutions attached to
each set of plans. The Applicant will be responsible for
obtaining the approvals of all participating non-City
agencies prior to the issuance of building permits.
PASSED, APPROVED AND ADOPTED this 14th day of January, 1991 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
5 -
I
RESOLUTION NO. 90 - 065
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
---------------------------------------7-----------------------------
APPROVING Pp' CONDITIONAL CHRYSLER REALTY
PERMIT AT CORPORATION SCO S AND SERVICE
ARLETT COURT SALES
WHEREAS, Thomas Sholes, on behalf of the Chrysler Realty
Corporation, filed a Conditional Use Permit to operate an auto sales
and service facility at 6451 Scarlett Court; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on November 5, and November 19 , 1990; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance-with the
provisions of the California Environmental Quality Act (CEQA) and has
been found to be categorically exempt from the provisions of CEQA
pursuant to Section 15.301 (a) (h) , Class 1 of the State CEQA guidelines
because the project will consist of the operation and minor repair and
maintenance of an existing structure involving no expansion of the use
beyond the previously existing use; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, the subject property abuts to Scarlett Court, an
existing City street; and
WHEREAS, City Ordinance No. 12-88 established the right-of-way
lines for the extension of Dublin Boulevard between Dougherty Road and
the Southern Pacific Railroad right-of-way, and for a street
connecting the Dublin Boulevard extension with Scarlett Court, and the
project is partially located in the adopted right-of-way of the Dublin
Boulevard extension; and
WHEREAS, the existing building is nonconforming because it is
partially located within the adopted right-of-way line for the Dublin
Boulevard Extension; and
WHEREAS, the Applicant is not proposing to extend, enlarge or
structurally alter the building, therefore, the building can be used
for a permitted or conditionally permitted use; and
WHEREAS, approval of this Conditional Use Permit will not affect
or preclude the acquisition of the property for the Dublin Boulevard
Extension; and
1 AMIML00-01owspsaft
WHEREAS, the proposed land use, if conditionally approved, is
appropriate for the subject property in terms of being compatible with
existing land uses in the area and will not overburden public
services .
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find:
A. The proposed project will serve a public need by providing
additional automobile sales and service in the City of
Dublin.
B. The use will be properly related to other land uses and
transportation and service facilities in the immediate
vicinity, as the proposed use will be compatible to said
land uses , transportation and service facilities in the
immediate vicinity.
C. The use will not materially adversely affect the health or
safety of persons residing or working in the vicinity, or be
materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, as all
applicable regulations will be met.
D. The use will not be contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located, as the proposed use is compatible
with the adjacent general commercial and retail business
district uses .
E. The project is consistent with the policies contained in the
City's General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve Conditional Use Permit application PA 90-
074 as shown in Exhibit A, subject to the following conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise all Conditions of Approval shall be complied
with Prior to the issuance of building permits or establishment of
use and shall be subject to Planning Department review and approval .
1 . PA 90-074 Conditional Use permit approval is for the
operation of an auto sales and service facility at the
existing building and site as generally shown in Exhibit A,
plans prepared by Engineering West, dated received by the
Planning Department August 31 , 1990 . This use will consist
of the following:
a) automotive vehicle sales and indoor/outdoor car
displays ; and
b) automotive vehicle services ( including painting and
repair) ; and
C) automotive vehicle sales/parts department.
2 -
2 . The Applicant shall provide and maintain at all times the
following type and number of on-site parking spaces:
13 employee parking spaces
12 customer parking spaces
8 service parking spaces
1 handicapped parking space
3 . All parking spaces shall be repainted and the customer,
employee and handicapped parking spaces shall be double-
striped ( 4-inch-wide stripes , spaced approximately 2 feet
apart) . The handicapped, customer, employee and compact
parking spaces shall be appropriately identified on the
pavement. Prior to striping the site, the Applicant shall
submit a parking striping plan subject to review and
approval by the Planning Director.
4 . The Applicant shall remove all existing signs which identify
businesses that are no longer in operation. In addition,
the Applicant shall submit final sign plans for all new
signs in compliance with the City's Sign Ordinance. These
sign plans are subject to the review and approval by the
Planning Director, and the Applicant shall obtain all
necessary building permits .
5 . Prior to occupancy of the existing building, the Applicant
shall repair all damaged pavement in the parking areas
subject to the review and approval by the Public Works
Director.
6 . The Applicant shall comply with the following Dougherty
Regional Fire Authority requirements: ,
a) The area around the perimeter of the building is
designated as a 20' fire lane. This fire lane must be
properly posted as per the California Vehicle Code
Section 22 .500 . 1 .
b) All hazardous waste, i . e. , waste oil , waste anti-
freeze, used batteries , etc. , must be stored and
labeled in accordance with the Alameda County Hazardous
Waste guidelines . These guidelines are available
through the Alameda County Environmental Health
Department.
C) Any spray painting must be done in an approved spray
booth equipped with an approved automatic extinguishing
system.
7 . As required by the Dublin Police Department and prior to
occupancy of the existing building, all security hardware
must comply with the City of Dublin Non-residential Security
Requirements (City Ordinance No. 21-89 , attached) .
3 -
8 . Outdoor storage or display of merchandise is expressly
prohibited except when located within the approved car
display area, or unless authorized by subsequent Conditional
Use Permit or Administrative Conditional Use Permit
approvals for special promotional events. All
demonstrations , displays , services , and other activities
shall be conducted entirely within the structures on the
site. No loudspeakers or amplified music shall be permitted
outside the enclosed structure.
9 . Prior to occupancy or establishment of use, all landscaped
areas shall be enhanced and maintained in accordance with
previous plans approved November 3 , 1986 , February 4 and
April 7 , 1987 .
10 . All landscaping shall be irrigated by an automatic
irrigation system.
11 . If a new landscape plan is proposed, which indicates changes
in the existing landscape layout, design, or plant type, the
Applicant shall submit a detailed landscape and irrigation
plan (1 inch = 20 feet scale) , including a cost estimate of
work and materials, subject to the review and approval of
the Planning Director. Landscape plans should indicate the
general plant pallet including description of plants , rate
of growth, container size, and typical planting and double
staking detail . Landscape and irrigation plans shall be
signed by a licensed landscape architect.
12 . Landscaping at the site shall not obstruct the sight
distance of motorists , pedestrians or bicyclists. Except
for trees , landscaping at drive aisle intersections shall
not be higher than 30" above the curb.
13 . The Applicant shall complete and submit to the Dublin
Planning Department the Standard Plant Material , Irrigation
and Maintenance Agreement (attached) .
14 . Prior to occupancy of the existing building, the Applicant
shall supply written confirmation that the requirements of
the Dublin San Ramon Services District and Dougherty
Regional Fire Authority have been met.
15 . This permit shall expire November 30 , 1991 .
16 . This permit shall be revocable for cause in accordance with
Section 8-90 . 3 of the Dublin Zoning Ordinance. Any
violation of the terms of conditions of this permit shall be
subject to citation.
17 . To apply for building permits, the Applicant shall submit
six ( 6) sets of construction plans to the Building
Department for plan check. Each set of plans shall have
attached an annotated copy of this Resolution of Approval .
The notations shall clearly indicate how all conditions of
- 4 -
approval will be complied with. Construction plans will not
be accepted without the annotated resolutions attached to
each set of plans . The Applicant will be responsible for
obtaining the approvals of all participating non-City
agencies prior to the issuance of building permits .
PASSED, APPROVED AND ADOPTED this 19th day of November, 1990 .
AYES: Commissioners Barnes , Burnham, Springer, and Zika
NOES: None
ABSENT: None
///lillze
Planning Commission Chairperson
ATTEST:
Planning Direc o
- 5 -
Burnham closed the public hearing.
Cm. a agreed with Staff ' s recommendations ; however did not
agree t at the service station would cause any significant safety
hazard. e suggested that Staff discuss the situation with DRFA.
Cm. Barnes c curred with Staff ' s recommendations .
Cm. Burnham agre that there is a decline in the amount of
existing service s tions in the city; however disagreed that the
proposed station wou be a safety hazard. He suggested a
thorough study be done f the vicinity.
Mr. Tong indicated that th City Attorney reviewed the findings
and deemed them legally adeq te . The proposed General Plan
Amendment could be completed i approximately one year. Staff
was recommending denial of the p osed project, without
prejudice . The Applicant could co back after the General Plan
Amendment within the year with the s e proposal .
On motion from Cm. Zika, seconded by Cm. arnes, and with a vote
of 3-0 (one abstained) , the Commission ado ed
RESOLUTION NO. 90-064
DENYING PA 90-066 CHEVRON CONDITIONAL US PERMIT/
SITE DEVELOPMENT REVIEW AT 5933 DOUGHERT OAD
SUBJECT: PA`°90=074 Chrysler Realty Corporation Auto Sales and
Service Conditional Use Permit to allow the operation
of an auto sales and service facility located at 6451
Scarlett Court (continued from the November 5 , 1990
Planning Commission meeting)
Cm. Burnham opened the public hearing and asked for the staff
report .
Ms . Carol Cirelli presented the staff report to the Commission.
The proposed construction of the Dublin Boulevard Extension
would have a severe impact on the use of the proposed project;
therefore, Staff is recommending only a one-year extension of the
Conditional Use Permit for this site.
Tom Sholes , Applicant, referred to Condition #1 and inquired
whether this was a factual statement . On Condition 1#15 he
requested a longer extension period for the Conditional Use
Permit.
Cm. Zika asked Staff if there would be relocation fees for the
new tenant .
Cm. Burnham asked Staff if Condition #15 could be reworded to
allow the use until the Dublin Boulevard Extensio� w �as
constructed.
------------------------------------------------------
Regular Meeting PCM-1990-116 November 19 , 1990
[ 11-19min]
Mr. Tong indicated that the right-of-way for the Dublin Boulevard
Extension had been adopted by the City and is part of the Capital
Improvement Program. The timing of the roadway project is not
definite; it is tentative and subject to additional City Council
action, however, Staff recommends against a longer time frame.
If the Applicant was proposing improvements to the site and
building, the right-of-way ordinance would have required
dedication and improvements to the roadway. The applicant is not
proposing any major site improvements . He is proposing to use
the site basically "as is" . Staff believes the recommended time
frame to be appropriate .
Mr. Sholes indicated that it is difficult to find a potential
lessee with such a short lease option.
Cm. Burnham closed the public hearing.
On motion from Cm. Springer, seconded by Cm. Barnes, and with a
vote of 4-0 , the Commission adopted
RESOLUTION NO. 90-065
APPROVING PA 90-074 CHRYSLER REALTY CORPORATION AUTO SALES AND
SERVICE CONDITIONAL USE PERMIT AT 6451 SCARLETT COURT
EW OR UNFINISHED BUSINESS
Non
OTHER B INESS
Mr. Tong in ' ated that the City Council would discuss the Donlan
Canyon/LAFCO a roval for the "enabling ordinance" at their next
scheduled meetin
PLANNING COMMISSIONE CONCERNS
Cm. Barnes remarked that here were models open signs located
in the mud on Dougherty Roa north of Amador Valley Boulevard,
next to the Village projects d asked Staff to look into the
situation.
Mr. Tong noted the concern.
Cm. Zika indicated that Staff seemed to e inconsistent with the
way the zoning history was being typed on e staff reports . It
would be easier to read if the history was t ed in ascending
order.
Cm. Burnham had concerns regarding garage sale sig He felt
that the maintenance crew should not tear them down. If they
were going to remove them, then the crew should be rem ing all
Regular Meeting PCM-1990-117 November 19 , 1990
[ 11-19min]
Mr. Laurence L. Tong
Planning Director
City of Dublin
100 Civic Plaza
Dublin, Ca 94568 R E C E I V L d
SUBJ: Letter of Appeal
PA 90-074 Chrysler Realty Corp. CUP.
6451 Scarlett Court DtJQLst`! PL,�NI`.fNG
Dear Mr. Tong:
Chrysler Realty Corporation hereby objects to the recently approved Conditional Use
Permit for the subject property, and submits this letter to the City Council of the City of
Dublin to appeal the conditions therein imposed, to wit:
The condition we find totally unacceptable is the Conditional Use Permit expiration date
of November 30, 1991. This short time span does not give us the necessary time to
establish an automotive dealership, nor would it give the dealer the time needed to
develop his clientele and establish his presence in the market place.
A major investment is required to start an automobile dealership along with a massive
advertising expense needed to establish the dealership's location. The one year time limit
prohibits a good businessman from making an investment from which he would surely
not receive any return in a 12 month period, even though it is indicated the use MAY be
extended the statement that a substantial portion of the property and building WILL be
taken prior to 7-1-91 makes use of the property for the intended use impossible.
Based upon the foregoing Chrysler Realty Corporation respectfully requests the one year
permit expiration be reconsidered, and that a use permit be granted for the term of 10
years without the potential taking of the real property within that term.
r ly,
THOM S. SHOLES
Zone Real Estate Manager
cc: D. Michael Nohr
cc: T. H. Noles
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