HomeMy WebLinkAboutCUP 64; Eugene Chappee; Conditional Use Permit (CUP) (30)--I.*- -.._ “.z
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MEMORANDUM ‘i ’\ -’ J - !
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DATE : Eecember 11, 1975
TO : City Manager
ZXOM : City Attorney
SUBJZCT: CHAPPEE CUP - PONTO SALVAGE YFD .-
,574
F You can lead a horse to water,/but you can’t make him drink.
Ky nenioranaum of July 17, 1975 is still apropos. Council action on March 4, 1975 approved, by a three to two vote, the modification of Chappee’s condition 2. They, also,
instructed the staff to secure the indicated easement. Appar-
ently no progress has been made.
As I recall,
VF’B/mla
Attachments
VINCENT F. BIONDO, JR.
City Attorney
TO: . . City Manager
FROM: City Attorney
. DATE: uly .17, 1974 .
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, in respo to a .direction received
rom the City Council, this office has been involved since
December of 1973 with attempting to bring Mr. Chappee into -
compliance with the conditions of.his use permit. A number of meetings have been held, both with Mr. Chappee and with
City staff. Voluninous correspondence has been exchanged.
As I indicated to you in my memorandum of March 14, 1972,
it ’was my conclusion that Mr. Chappee was not in good faith
and WE? had no reasonable expectations that compliance would
be forthcoming. ’It was also my conclusion that City staff
did not assign a high priorty to securing enforcement of the
Conditional Use Permit. As a result of those two conclu- s.Lons it was my intention as expressed to you at that tine,
to infam the City Council on our lack of progress and to a2vise then that.the only means of proceeding was to eithzr abandon attempts at enforcement or take those steps neces-
sary to begin the process to revoke the permit. At your request, these communications were not forwa’rded to the City
Council. Since that time additional meetings have been held
and additional correspondence exchanged. Despite the delay,
to the best of my knowledge n her progress toward con-
liancc has been made. ..
Absent further action e responsible departments,
there is nothing further of any substance which the City
. Attorney can do in this matter. Apparently both f4r. Chapgee
and the responsible departments are satisfied with the
status quo. -The extensive delay’on the part.’o€ the City in seeking enforcement of the conditions has weakened our
legal position in the event we should ever attertpt to do so in the future. In view of these facts, unless I receivt
some further communication from your office, it is my ir.ten-
tion to close my file on this matter.
I
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1: . .. .
VINCENT F. BIONDQ, JR.
VE’B : af City Attorney
cc: Public Works Administrator Planning Director
Building Director ..
.