Loading...
HomeMy WebLinkAboutCUP 64; Eugene Chappee; Conditional Use Permit (CUP) (30)--I.*- -.._ “.z -* Y MEMORANDUM ‘i ’\ -’ J - ! i I 1’ I c 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 . .-~ . , 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 . . .: . 1: . .. . VINCENT F. BIONDQ, JR. VE’B : af City Attorney cc: Public Works Administrator Planning Director Building Director .. .