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Item 8 - Zoning Violations on Midland Road � AGENDA REPORT / CITY OF POWAY / ` TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana INITIATED BY : Reba W. Touw, Director of Planning Services AC 1 DATE: October 28 , 1986 SUBJECT: Zoning Violations on Midland Road • BACKGROUND At the October 7 , 1986 City Council meeting, Mr . Ted Follas i inquired about the status of complaints concerning two non- conforming businesses on Midland Road. The status of these complaints is summarized below. Gus Ballas , Plumberman 1 . July 25 , 1986 - A telephone complaint was received con- cerning people living in a house while operating a non-conforming plumbing business at the same location. 2 . July 29 , 1986 - First written notice was sent to Mr . Gus Ballas (The Plumberman) , informing him that he could not continue the non-conforming use if the building was being used as a residence. 3 . August 15 , 1986 - Second phone complaint received. Complainant was asked to put the complaint in writing. 1 4 . August 27, 1986 - The written complaint was received. 5 . September 3 , 1986 - Second written notice to The Plumberman. 6 . September 12 , 1986 - Phone call received from Mr . Ballas saying he had to rent out part of the structure as a resi- dence because Planning would not allow him to expand his legal nonconforming use with a second unrelated business . Bob Siebenthaler explained, in detail, that the business could not be expanded and the structure could not be used as a residence without losing its legal nonconforming status . ACTION: Received and filed report., °ALL Marjorie'K. Wahisten, City Clerk � I 001281986 ITEM 8 1 10Fz ® ' Agenda Report October 28 , 1986 Page 2 7 . September 16, 1986 r Mr . Ballas called Sharon Crockett to complain about information given by Bob Siebenthaler. After Sharon reitinerated the situation, Mr. Ballas gave her a new senario. iHe said the structure was only a plumbing shop and there was only a stand-by, night watch- man at the shop from 4 : 00 p.m. until the next morning. 8 . September 17 , 1986 Complainant called again to say that the night before he! had observed a "family" , including a child, in the house all night. 9 . October 10 , 1986 - Final notice was sent to Mr . Ballas and the case was referred to the City Attorney; Carl Jordan, Stucco Company Vacated on September 11 , 1986. The non-conforming status will expire on March 11 , 1987 unless the use is resumed before then. RECOMMENDATION It is recommended that the City Council receive and file this report. JLB:RWT:pn • I ' 0CT28 .1986 ITEM 8 20F 2