LTC 321-2019 Cease and Desist Order - 3401 Prairie Avenue AAIAMIBEAC
OFFICE OF THE CITY MANAGER
NO. LTC# 321-2019 LETTER TO COMMISSION
I
TO: Mayor Dan Gelber and Members of t e City Co ission
FROM: Jimmy L. Morales, City Manager
DATE: June 4, 2019
SUBJECT: Cease and Desist Order- 3401 Pr rie Avenue
There have been recent developments pertaining to the single family property at 3401 Prairie
Avenue, which has a zoning designation of RS-4, Single Family Residential. The property also has
a future land use designation of RS, Residential Single Family, in the City's Comprehensive Plan.
In May of 2018, the City notified the property owner, in writing, of outstanding code violations at
the subject address. Specifically, the property owner was issued a formal zoning notification that
religious institutions and similar conduct was prohibited pursuant to the City's Land Development
Regulations.
Section 142-102 of the Land Development Regulations specifically identifies the main permitted
uses in the RS-4 district are single-family detached dwellings. The property is not located within
the 40th Street Religious Overlay District. As such, religious institutions, schools, day care, and any
other non-single family residential uses are expressly prohibited. Additionally, there is a
religious/parsonage ad valorem tax exemption on the property.
In order to achieve compliance with the City Code, the property owner was required to have all of
the violations corrected, and to immediately cease all non-residential uses. The property is
required to be used solely as a single family residence and no accessory uses are legally
permitted. The property owner appealed the notice of violation to the Special Master and failed to
take any corrective actions to resolve the illegal use of the property.
On June 3, 2019, the Chief Special Master issued his ruling in favor of the City, and will be entering
a cease and desist order for the property. This order will require the property owner to cease all
non-residential uses that are prohibited in the RS-4 district.
Pursuant to this cease and desist order issued, if the outstanding violations at 3401 Prairie Avenue
are not remedied in a timely manner, the City will commence all appropriate enforcement
proceedings to compel compliance with the City's Land Development Regulations. These
enforcement remedies shall include, but not be limited to, the revocation of the certificate of
occupancy and termination of all utility services to the property.
J LM/ /TRM
C: Rafael Granado, City Clerk
F:\PLAN\$ALL\CM RESP\2019\LTC-3401 Prairie Avenue Cease and Desist Order.docx