Rogers business denied conditional use permit

ROGERS -- A gymnastics facility owner says his business is in jeopardy after failing to receive a permit renewal before the City Council Tuesday.

City officials said the owner of Regional Recreation Gymnastics has been non-compliant with city code for several years.

"This is the worst case of non-compliance and the worst case of defiance I have ever seen," Mark Kruger, city council member said. "I want business in Rogers but this has taken place over years."

David Marshall, the gym's owner, said he has spent years getting financing together to fix the issues. He said he spent $40,000 making changes to the building for a certificate of occupancy along with the conditional use permit. He said this includes adding a bathroom and mop drain along with paying for development plans.

City documents show the business was notified of being out of compliance in 2012. Inside changes were needed for a certificate of occupancy along with updates outside the building to comply with zoning, the documents state.

Marshall received a 90-day permit in May 2014 contingent on a development approval for a parking lot and landscaping, the document states. The business was notified in August 2014 to stop business after not meeting compliance. The business also was cited for operating without a certificate of occupancy in October 2014.

A six-month permit was approved by the Planning Commission in December 2014. It was approved with the stipulation landscaping be completed, a variance be approved for building setback, a development plan be approved, a certificate of occupancy be attained and the city's sign code be met.

Documents show Marshall received his certificate of occupancy in January. Hi development plan expired in March and his permit in June. The business was cited eight times by the city for operating without a business license and violation of zoning code since June 2.

Marshall said he purchased the building in 2013 from the previous owner who he worked under. He said he didn't realize the building wasn't in compliance at the time.

"It was a total surprise to me," Marshall said.

Costs for making the building complaint have been expensive, Marshall said. He said another $24,000 is needed to finish a parking lot and landscaping. He has recently found financing for the rest of the project but hasn't had time to complete it yet.

"We are a very, very small business," Marshall said.

Marshal said his only option is to now look into a rezoning for the property. It's possible this will mean additional changes to the property will have to happen that he can't afford. The only other option would be to move, he said.

"It might drive me out of business," Marshall said.

The council had the option to appeal a July 7 decision to deny a permit by the Planning Commission. The council agreed to uphold the commission's decision. Once denied an applicant cannot file for a permit again for another year.

NW News on 07/29/2015

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