Posted by charlotte riley on 8/18/04

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We have Purchased a building that carries a grandfather
clause for paint and body. The current zoning is for
automotive repair. We received our licence for both paint
and body and auto repair 10 months ago. The building was
empty when we bought it but the grandfather clause was
still in effect. It had been rented prior to our purchase
and was being used for paint and body. Here is the problem:
Last week we recieved a call form the city zoning
department who told us we were doing business illegally and
could not do paint and body. They explained that the prior
renter had filed a notice with the city when he move that
he was no long doing paint and body and wanted the licence
which ran from October to October to roll back one month to
Sept to Sept. The property owner was never notified of this
letter to the city which would decrease the value of his
property if it was accepted and ran out.
When we were issue our license the letter was, the city
said, misfiled. The renter of property found our we are
doing paint and body and contacted the city regarding the
letter he filed. Now the we have a meeting with the city
zoning tomorrow to find out what's happening with our
licence. The city faxed us paperwork to filled out asking
for permission to continue to work as paint and body. The
paper for complience information will cost us about $25,000
in new city regulations not to mention the city will take
10 feet of frontal blvd property. The was we understand the
grandfather clause is that as long as our business does one
paint job a year we keep the grandfather in place. This was
told to us by the city building and code supervisor when we
bought the building. We have gone to great expense for
equipment and advertising for both auto repair and paint
and body and have now established a healthly customer base.
The former renter has opened a new paint and body business
and is very afraid of the compatition he is also very
powerful in this city. If you only have to comply with one
paint job a year how would it matter when he stopped
painting as long as it was within the licensed year.
Question, Can a renter roll back a license one month and
can the city just do this with out notifing anyone. The
realtor who represented the seller sold the property to us
with the grandfather clause. We will fight this as we
think this is illegal. If you can provide any zoing law
prohibiting the please advise us. This kind of action by
the zoning department could ruin a business that has
already established itself under the license they issued.
Thank you for you time.
Charlotte Riley
Bullhead City, Arizona

commerical grandfather clause, 8/18/04, by charlotte riley.

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