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Case: T07DV09256

Parcel: 115011510


Addresses:

340 E GRANT RD


Inspection Status: Approved

Inspection History: INSP - FOLLOW UP CODE ENFORCE

Case Number - T07DV09256

Inspection Description - INSP - FOLLOW UP CODE ENFORCE

Inspection Status - Approved

Date Description Inspector Results Comments
03/01/2010 INSP - FOLLOW UP CODE ENFORCE Approved ON SITE INSPECTION WOOD FENCE INSTALL
ALL VIOLATIONS ABATED CLOSE CASE
02/05/2010 INSP - FOLLOW UP CODE ENFORCE Approved DSD ZONING APPROVED SITE PLAN FOR 6' X 48' WOOD FENCE CASE T10BU00230
01/13/2010 INSP - FOLLOW UP CODE ENFORCE Approved CONTACTED OWNER ADVISED HIM OF REQUIREMENTS FOR THE BARRIER REQUIRED.
11/30/2009 INSP - FOLLOW UP CODE ENFORCE Approved DSD STATED 6 FOOT WOOD SLAT FENCE WOULD BE OK
11/20/2009 INSP - FOLLOW UP CODE ENFORCE Approved NO BARRIER WILL RESEARCH WITH EMAIL TO DSD ZONING
02/10/2009 INSP - FOLLOW UP CODE ENFORCE Approved 2-10-2009
340 E GRANT RD
DC COX WAS PRESENT IN COURT YESTERDAY
THE CHARGE WAS PARKING ON THE C-1 ZONE OF THE PROPERTY WHICH IS A VIOLATION OF THE JUDGES ORDER SIGNED ON 6-10-2008 DOCKET C08007427. THE ORDER READS REMOVE ALL VEHICLES FORM THE C-1 ZONE.

THE DEFENDANT DID ENTER A PLEA OF RESPONSIBLE; HE WAS FINED 100 PER VEHICLE, MY PHOTO DEPICT (5) VEHICLES WHICH WAS A TOTAL FINE OF 500.00. I'LL DO A FOLLOW UP INSPECTION ON THE 13TH OF FEB 2009.

THE DEFENDANT DID BRING UP THE 1-20-2009 TEMPORARY USE PERMIT AND STATED TO THE COURT THAT THE CITY DID GRANT USE OF THE C-1 ZONE AND CONTINUED ON ABOUT THE GRANT RD PROJECT, STAYING IN BUSINESS, OBTAINING THE SERVICES OF AN ATTORNEY, PARKING FOR HIS TENANT ON THE C-1 ZONE.

ENTER IN EVIDENCE ALONG WITH THE PHOTO AND DOCKET WAS THE 1-28-2009 CANCELLATION TEMPORARY USE PERMIT. I DID EXPLAINED TO THE JUDGE THE RE ZONE PROCESS, ADDRESSED THE TENANT PARKING AND THE 1-28-2009 CANCELLATION TEMPORARY USE PERMIT.

DC COX QUESTIONS WERE.
WHERE CAN MY TENANT PARK?
WHERE CAN MY EMPLOYEE PARK?


MY ANSWERS WERE
1. JUDGE THERE IS PLENTY OF ROOM IN THE C-2 ZONE FOR PARKING FOR TENANT AND EMPLOYEES (BUT COX REFUSES TO MAKE THE NECESSARY ROOM DUE TO HE WOULD HAVE TO REMOVE VEHICLES THAT ARE FOR SALE TO ACCOMMODATE.

2. THERE ARE NO APPROVALS FOR PARKING OR USE OF THE R-2 / C-1 ZONE (DEVELOPMENT PLAN REQUIRED / RE ZONE)

3. THE DEFENDANT WAS INSTRUCTED BY ALAN MERIT IF THERE IS A CHANGE IN THE FUTURE, SUCH AS A PERMIT ISSUED TO USE THE C-1 ZONE. HE MUST REQUEST A HEARING AND PRESENT EVIDENCE OF SAID PERMIT AND REQUEST THE JUDGE TO AMEND THE ORDER PRIOR TO USE OF LAND. ONLY AFTER THE JUDGE ORDERS THE CHANGE WHEN THE LAND MAY BE USED PER THE PERMIT.
01/06/2009 INSP - FOLLOW UP CODE ENFORCE Approved The defendant has been set for a compliance hearing on February 10, 2009 at 3 pm.
08/12/2008 INSP - FOLLOW UP CODE ENFORCE Approved COMPLIANCE HEARING 8-12-08

DOCKET C08007427

1. CERTIFICATE OF OCCUPANCY WAS ISSUED ON 7-29-2008
2. THE VEHICLE DISPLAY WAS REMOVED FROM THE C-1 ZONE AS OF 8-08-2008.
3. CHARGE LUC 5523 WAS ABATED

DOCKET C08003583

THE COURT ORDERED TO HAVE A 5 FOOT MASONRY WALL CONSTRUCTED WITH STUCCO FINISH, THIS WALL WHICH WOULD BE THE BARRIER BETWEEN RESIDENTIAL ZONE AND COMMERCIAL USE.

THE CITY OF TUCSON RECOGNIZES THAT THERE ARE FACTORS THAT ARE BEYOND THE CONTROL OF PROPERTY OWNER DAN COX. THE ADJACENT PROPERTY WHICH IS RESTAURANT MARISCOS IS ALSO GOING THROUGH THE REZONE PROCESS. THE DISTANCE ALLOWED TO BE REZONED IN THE R-2 ZONE HAS NOT BEEN DETERMINED. THIS WOULD AFFECT COX IN SUCH AS DSD HAS STATED THEY WOULD REQUIRE THAT THE DISTANCE INTO THE R-2 ZONE TO BE THE SAME IN BOTH PROPERTIES. DNR HAS REVIEWED ALL INFORMATION AND HAS ORDERED THAT THE FOLLOWING CONDITION TO BE ENTERED INTO THE COURTS MINUTE ENTRY PRIOR TO JUDGE CLOSING THE CASE.

THE SPECIAL CONDITION READS AS FOLLOWS:

A TEMPORARY FENCE IS TO BE ALLOWED TO SERVE AS THE BARRIER BETWEEN THE RESIDENTIAL ZONE AND COMMERCIAL USE DURING THE REZONE PROCESS. IF THE REZONE PROCESS FAILS, A 5 FOOT MASONRY WALL IS TO BE ERECTED. ALL WORK MUST BE COMPLETED PRIOR TO 4-21-2009, WHICH IS WHEN THE ABATEMENT ORDER EXPIRES. BOTH PARTIES AGREED TO ALL TERMS
08/08/2008 INSP - FOLLOW UP CODE ENFORCE Approved INSPECTED SITE ALL VEHICLES WERE REMOVED FROM THE C-1 ZONE.
08/07/2008 INSP - FOLLOW UP CODE ENFORCE Approved August 7, 2008


Mr. Craig Gross
CITY OF TUCSON
DEVELOPMENT SERVICES DEPT.
201 N. Stone Ave.
Tucson, AZ 85701

Via Electronic Mail

RE: DC Auto - 340 E. Grant Rd.

Dear Mr. Gross:

As you are aware, DC Auto is currently before the City Court as a result of violations on the property. While I feel we have now addressed all the issues related to those violations, clearly the only permanent solution is to rezone portions of the lot.

In a July 23rd memorandum to Juan Valdez (DNR), Bill Balak stated that a temporary fence separating the residential and commercial portions of the lot would be acceptable if a rezoning application was filed by July 31st. However, given the notification requirements set forth in the rezoning process, meeting said deadline was impossible.

DSD staff feedback from both the DC Auto and Mariscos Chihuahua pre-application meetings indicated a strong preference for the zoning perimeter to be standardized across the southern boundary of both lots. As such, a final determination on the Mariscos rezoning will influence the eventual site design for DC Auto.

To the best of my knowledge, the final Zoning Examiner’s hearing on Mariscos will take place on August 14th. As such, we will hopefully have a more concrete idea of an appropriate zoning line by August 21st.

Given the statutory notification requirements and waiting periods, I anticipate the earliest a formal rezoning application for the DC Auto property could be filed would be September 30th.

The R2 zoning line crosses the lot through the rear of the existing structure. The building’s second story contains a conforming residential use with a single exterior access point on the southern face of the building. As such, we request that the temporary fence be allowed to remain at its current location permitting access and parking for the residential unit. An alternative would be moving the temporary fence to the zoning line, allowing a gate in the fence and vehicle access to the residential unit from Sahuaro Street without the requirement for a curb cut.

The property has a long history of commercial uses including more than six different used car lots. It is our hope that we can reach a temporary accommodation that would allow DC Auto to remain commercially viable while the rezoning case proceeds.

Thank you for your consideration in this matter.

Sincerely,


Ben Buehler-Garcia, RONIN Business Services
On behalf of DC Auto

Bbg; fh

Cc: Juan Valdez
George Holguin
Dan Cox
Bill Balak
06/10/2008 INSP - FOLLOW UP CODE ENFORCE Approved TODAY'S HEARING RESULTS:

DOCKET CO8007427

CHARGE A / LAND USE CODE 3.7.3.1. NOT IN COMPLIANCE THE COURT ISSUED A COMPLIANCE HEARING SET FOR 8-12-2008. ACTION TO CORRECT IS AS FOLLOWS.

SCREENING REQUIRED BETWEEN COMMERCIAL ZONE AND RES ZONE
IS A 5 FOOT MASONRY WALL WITH STUCCO FINISH REQUIRED PER TABLE 3.7.2.I BETWEEN RESIDENTIAL ZONE AND COMMERCIAL USE.

CHARGE C / LAND USE CODE 2.3.5 R-2 RESIDENCE ZONE
ALL OF THE STORAGE CONTAINERS WERE REMOVED FROM THE R-2 ZONE.
ABATED

CHARGE D / T.C.C. PERMITS REQUIRED
PERMITS IN FINAL STATUS FOR THE PERIMETER FENCE.
ABATED









DOCKET CO8007427

CHARGE A / LAND USE CODE 5.5.2.3
RESPONDENT PLEADS RESPONSIBLE WAS FINED 100.00 AND THE JUDGE ORDERED THAT ABATEMENTS ARE AS FOLLOWS.

1. SUBMIT PLANS TO DEVELOPMENT SERVICES PAY FEES FOR PERMIT TO BE IN ISSUED STATUS FOR CERTIFICATE OF OCCUPANCY.
2. REMOVE ALL VEHICLES FROM THE C-1 ZONE. ALL WORK TO BE COMPLETED BY AUGUST 8, 2008. OUR NEXT HEARING IS SET FOR AUGUST 12, 2008 AT 2:00 PM
06/06/2008 INSP - FOLLOW UP CODE ENFORCE Approved THE OWNER DID GET PERMIT FOR THE FENCE AND INSPECTED ON 6-06-08 STATUS IS FINAL
06/02/2008 INSP - FOLLOW UP CODE ENFORCE Approved STORAGE CONTAINERS HAVE BEEN REMOVED FROM THE R-2 ZONE
04/22/2008 INSP - FOLLOW UP CODE ENFORCE Approved COMPLIANCE HEARING 4-22-2008 RESULTS WERE AS FOLLOWS
DEFENDANT WAS FOUND RESPONSIBLE ON 3 CHARGES
1. ILLEGAL USE OF THE R-2 ZONE
2. WORK WITHOUT PERMITS
3. NO SCREENING PER LUC TABLE

JUDGE ORDERED THAT THE 3 STORAGE CONTAINERS ARE TO BE REMOVED FROM THE R-2 ZONE, PERMIT IN ISSUED STATUS FOR THE IRON FENCE, A 5 FOOT MASONRY WALL BE ERECTED TO SEPARATE THE R-2 ZONE AND COMMERCIAL USE.

CHARGE OF LUC 5523 COMPLIANCE REVIEW REQUIRED
JUDGE IS HOLDING BACK A JUDGMENT TILL JUNE 10 2008 1:30 PM

JUDGE ORDERED ALL VIOLATIONS TO BE ABATED BY DATE OF JUNE 10 2008.
01/10/2008 INSP - FOLLOW UP CODE ENFORCE Approved NO CERTIFICATE OF OCCUPANCY FOR THE BUILDING NO APPROVED PLAN FOR THE USE OF C-1 ZONE VEHICLE DISPLAY
01/02/2008 INSP - FOLLOW UP CODE ENFORCE Approved THE R-2 ZONE VACANT LAND HAS 3 STORAGE UNITS AND AN R.V PHOTOS TAKEN WILL ISSUE CITE.