2012-57.2 BRPDInitiatedRevocationSPP1122

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Communication No. 2012 -57.2 that contained orders and corrective action for the applicant. Condition No. 8 of Special Permit No. 1122 states: "If the applicant fails to comply with the conditions of approval or causes complaint(s) relating to any interference or nuisance and is unable to resolve them with the surrounding community, the Planning Director shall investigate and, if necessary, suspend the permit. The Planning Director shall then refer the matter to the Planning Commission to revoke the permit. Upon appropriate findings by the Planning Commission, if the applicant fails to comply with the conditions of approval or has caused any unreasonable interference or nuisance on the surrounding community, the permit may be revoked." The first Notice was issued on March 1, 2010 for conducting public performances, including the Le Chic show, and for activity not permitted under Special Permit No. 1122 including a weekly farmer's market and construction of unpermitted structures. The applicant met with the Planning Director on March 12, 2010 regarding the Notice. The applicant appeared to make efforts to comply by cancelling an advertised event to be held at SPACE on March 5, 2010. The applicant requested of the Planning Director to allow the farmer's market and the weekly bazaar to continue until they submit an amendment application to the Planning Commission to permit these uses. The Planning Director agreed but with the understanding that the amendment application should be submitted shortly thereafter. The applicant submitted an amendment application in July of 2010 but then withdrew the application in September of 2010 to pursue a lease from the State for the adjoining parcel so that their Special Permit area could be expanded to include 4 acres from the adjoining State parcel. The applicant has been involved in preparing an environmental assessment for the lease of State Land and has not resubmitted the amendment application as of this date, which is over two years from when the first Notice of Non - Compliance was issued. As a result of continued complaints and non - compliance of the original Cease and Desist Order issued in 2010, another Notice was issued on March 16, 2012. This Notice ordered the applicant to immediately cease and desist from operating all unpermitted activities on the subject property that were not represented under Special Permit No. 1122, including the weekly farmer's market and weekly bazaar that was allowed by the Director