RailRiders operator agrees to remove signage and equipment after city cites need for new conditional-use review

Lawrence Oswald, owner-operator of Twinies RailRiders, addressed the Wheeler City Council during public comment to explain a dispute over whether a 2018 conditional‑use approval for a pedal-cart scenic-tour business could apply to a different, current property. Oswald said he and his business had sought to continue an existing tourism operation but were told the prior approval did not automatically transfer to the new site.

City staff read an email and legal review explaining that a conditional‑use and design-review approval is property‑ and proposal‑specific and typically expires within one year unless substantial construction has occurred. Staff cited code provisions (including a two‑year review and a list of conditions such as ADA-compliant restroom facilities and required utilities) that must accompany a conditional‑use decision. Because the current operation sits on a differently zoned parcel, staff said conditional‑use and design review are required for the present location.

Faced with that direction, Oswald said he would remove the signs and begin removing equipment rather than pursue another conditional‑use process. City staff said the 2018 materials might be persuasive in any new application but do not substitute for a new review on the current site. Councilors asked clarifying questions and thanked the owner for making the removal offer.

The council did not take an enforcement vote at the hearing; the public record reflects the owner’s voluntary removal and staff’s recommendation that a new conditional‑use application be required for the operation at the current address.