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449.2008 RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. BRIAN GRANGER RESOLUTION NO.: 449, 2008 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Chapter 179 of the Town Code provides for administration and enforcement of the Town’s Zoning Ordinance and related laws, codes, ordinances, and regulations, and WHEREAS, in 2005, Brian Granger approached the Town with the desire to use property located at 18 Newcomb Street in the Town’s Mixed Use Zone for a parking garage facility to be used in conjunction with a repossession business, and WHEREAS, the Town’s Zoning Administrator determined that this was not an allowed use in the Mixed Use Zone, and WHEREAS, such determination was appealed to the Town’s Zoning Board of Appeals (ZBA) nd which upheld the Zoning Administrator’s determination on March 22, 2006, and WHEREAS, the property owner persists in using his property in violation of the Town Zoning Ordinance, and WHEREAS, the Town’s Community Development Department has received complaints regarding the illegal use of this property, and WHEREAS, it is apparent that the property owner is aware that his use of the property is illegal yet persists in violating the Town’s Zoning Ordinance, and th WHEREAS, by letter dated September 15, 2008, the Town’s Zoning Administrator sent a th letter to Mr. Granger directing him to cease all illegal use of the property by October 15, 2008, and WHEREAS, the Queensbury Town Court has no jurisdiction to provide injunctive relief and the only avenue available to require compliance with the Town Code including the Zoning Ordinance is by recourse to the Supreme Court, and WHEREAS, the Town Board wishes to pursue such preliminary and permanent injunctive relief, NOW, THEREFORE, BE IT RESOLVED, that in the event that Brian Granger fails to comply with the Town Zoning th Administrator’s letter of September 15, 2008 by terminating all illegal use of his property by October th 15, 2008, the Queensbury Town Board hereby authorizes and directs Town Counsel to commence a Warren County Supreme Court action against Brian Granger to seek preliminary and permanent injunctive relief to require the immediate and permanent cessation of the operation of a vehicle storage facility and associated auto repossession business in the MU Zone as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town 2 Counsel, Zoning Administrator and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : None 3