Wednesday, December 1, 2010

Extinguish v. Exterminate...


Yellow and Red have their permanent pariah protégé and
personal protector do pest control act as their good will ambassador

(Ever notice how everything the BDGs do
has to make loud noise? ...or smoke?)

- - - - - - - - -

Today I posted the following letter to the City of Manteca's Director of Community Development:

City of Manteca
Attn: Frederick Clark
1001 W Center Street
Manteca, CA 95336


Re: Determination of extinguishment of nonconforming use status at 810 Fishback Street, Manteca, CA

Dear Mr. Clark,

I am requesting a letter of determination from you memorializing the extinguishment of the nonconforming use status accorded to the property neighboring mine, at 810 Fishback Street, Manteca, CA 95337, on June 29, 1993. Attached is the City of Manteca letter of that date.

The nonconforming use, a business known as TLC Catering and its associated private commissary, ceased operation “on or about February 15, 2010.” Attached is the owner’s verification of that date, declared by her “under penalty of perjury under the laws of the State of California.” From that date to this, the business operation has not resumed; indeed, key elements of physical plant have been removed, though much remains.

Because a nonconforming use “runs with the land” and was granted by letter in this case, this official determination is necessary to extinguish the nonconforming use designation. A copy of Manteca Municipal Code, Section 17.55.020, is included for your reference to the necessary elapsed time periods fulfilling the extinguishment requirements.

I remain committed to seeing this rehabilitation project through and greatly desire your willing cooperation in this matter. I stand ready to talk with you, meet with you, or make any other needed information or documented evidence available to you in closing this matter.

Please mail your current determination of the zoning and land use designation to me...

Please mail a copy to my attorney...

Sincerely yours,

Attachments: City of Manteca letter of June 29, 1993; Requests for Admissions; MMC 17.55.020.

- - - - - - - - - - - - -

Attachment #1: Original grant of nonconforming use status (obtained by deceit)

Attachment #2: Admission of discontinuance of nonconforming use (found in this post.)

Attachment #3: Manteca Municipal Code, Section 17.55.020, Nonconforming buildings and uses


No comments: