2012 2:00:00 PM

Tuesday, November 13, 2012 2:00 PM
Sparks Legislative Building, 745 E. 4th Street, Sparks, NV 89431

General Business: 6.1

Title: Consideration and possible action on a request from Michael R. Booher to waive fees associated with processing a new Special Use Permit.

Petitioner/Presenter: Michael R. Booher/Jim Rundle, Senior Planner

Recommendation: Staff recommends the City Council deny Mr. Booher’s request to waive the fees associated with processing a Special Use Permit.

Financial Impact: Approximately $7495 (if waiver granted)

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: Originally, Mr. Booher applied for a Special Use Permit which was denied by the Planning Commission. Mr. Booher, attempted to appeal the denial of the Special Use Permit to the Sparks City Council but failed to appeal the decision of the Planning Commission within the 21 day appeal period; so the appeal couldn’t be considered. Michael Booher appeared in front of the Sparks City Council on September 10, 2012, where his appeal of the denial of his business license was considered. The Sparks City Council upheld the revocation of the business license. The license was revoked as Mr. Booher has not been approved for a Special Use Permit at the site, a prerequisite to obtaining a business license. During the appeal hearing, Mr. Booher requested the fees be waived should he resubmit for the required Special Use Permit. This agenda item is to provide the City Council the opportunity to consider his request.

Background: On May 31, 2012, Mr. Booher was provided notice by Sparks Code Enforcement that his business was not incompliance with Sparks Municipal Code and would therefore not qualify for a Sparks Business license. The applicant needed a Special Use Permit to be in compliance with the zoning ordinance. The applicant applied for a Special Use Permit which was denied by the Planning Commission. Mr. Booher filed an appeal of the Planning Commission’s decision, but failed to file the appeal within the 21 day appeal period, so the appeal could not be considered by the City Council. Mr. Booher’s did file an appeal of the denial of his business license, which was considered and ultimately denied by the City Council. During this hearing (the appeal of the business license) Mr. Booher requested the City Council waive any fees associated with resubmitting for a Special Use Permit. The City Attorney discouraged the City Council from considering the impromptu request as that the item hadn’t been agendized to consider the request. On October 8, 2012, Mr. Booher submitted a formal request for the City Council to consider waiving the fees associated with applying for a Special Use Permit. Currently, Special Use Permits are charged on a time and materials basis. An applicant is required to submit a $1,250 deposit. Staff then charges against that time, and bills an applicant if the deposit is exceeded. Charges cannot exceed $7,495. Mr. Booher argues that he has paid the fees required for a Special Use Permit when his application was originally denied (PCN12008). While Mr. Booher did pay the deposit, the time staff spent on the application exceeded the original $1,250 deposit, by $670. Staff billed the applicant this amount on May 30, 2012 but the City has yet to receive payment for services rendered. The City does not have a process in place for the waiver of Development Enterprise Fund fees. It is staff’s position that the applicant needs to complete payment for the initial Special Use Permit process and, should the applicant consider resubmitting, new fees shall be required as would of any applicant.

Analysis: see "Background" section

Alternatives: The City Council may move to waive fees associated with the process of administering a Special Use Permit for Mr. Booher.

Recommended Motion: I move to deny the request to waive Special Use Permit fees.

Attached Files:

ComDev003.pdf

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