Commission: Body shop can't keep cars on site

Del Grande Auto Supply owner filed appeal of decision, which goes to city council on Nov. 6

By Steven Raphael

Del Grande Auto Supply owner Paul Del Grande lost a bid to continue storing cars at his Campbell Avenue auto shop Sept. 26, when planning commissioners turned down his request. Del Grande filed an appeal of the decision to the city council. That hearing is scheduled for Nov. 6.

According to Commissioner Dennis Lowe, the property was never intended or zoned for that use. "He had a nonconforming use there," he said.

The cars are stored on two parcels that adjoin the auto shop at 566 E. Campbell Avenue, which is zoned for commercial use. City zoning laws classify auto storage and dismantling as a heavy industrial use, which is only permitted on property zoned as heavy industrial.

Del Grande's property also doesn't meet the city's requirement that property used for car storage be paved and graded for drainage.

Del Grande has operated the automobile dismantling business at that location for more than 10 years. His attorney, John Harwood, said Del Grande needs to store cars on the lot because of the time frame required of the repairs he completes.

However, Lowe said, "Even though he had been doing it for a number of years, it still didn't make it right."

Del Grande also told city staff he is often forced to assume possession of a car when the owner cannot pay for the repairs. He keeps the cars for possible sale or usage of the parts.

The repair shop has been an ongoing code enforcement issue with neighbors and the city since 1998.

In 1991, Del Grande signed an agreement with the city to remove illegally parked cars from his property. According to a city staff report, Del Grande did not follow through with this and the city began receiving complaints about the appearance of the property. Neighbors complained that the cars were stored in front of the property and were visible from the street.

When the city attempted to remedy this with legal action against Del Grande, he requested a new agreement that would give him until January 2000, to abate the illegal condition. Del Grande subsequently petitioned the city for another extension.

According to the staff report, Del Grande agreed to limit storage in front of the building to less than 10 vehicles overnight and to remove all of the cars stored in the rear yard, unless he applies for and receives a conditional use permit from the city.

However, a recent inspection of the lot revealed 20 cars parked in the front lot.

According to Community Development Director Sharon Fierro, if Del Grande does not uphold the agreement, the business could be held in contempt of court. Fierro said the city will wait until Del Grande's application has been fully dealt with before deciding what should be done about the illegal storage.

Harwood said he plans to appeal the decision to the city council and, if the commission's decision is upheld, he will take legal action.

"If we can't get the use permit granted, we can't park the cars there," he said. "If we can't park the cars there, we're going to be back in court. Mr. Del Grande can't operate his business without that."

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