07-23-08 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES CITY COUNCIL JULY 23, 2008 CUP & Mayor Blesener opened the Public Hearing to consider a Conditional Use VARIANCE - Permit allowing outdoor storage of portable toilets as well as a Variance 95 to allow the south fence line to remain in its present location and outdoor WOODLYN storage beyond the front line of the building at 95 Woodlyn Avenue, On- AVENUE - Site Sanitation. It was noted that the Planning Commission recommended ON-SITE approval of the CUP and the Variance subject to compliance with the SANITATION recommendations of the City Planner outlined in his July 3, 2008 report and the recommendations of the Fire Marshal outlined in his July 7, 2008 report. The City Planner noted that the CUP request is to allow outdoor storage at 95 Woodlyn Avenue, and the Variance is to allow the continuation of an existing outdoor storage area beyond the front line of the building adjacent to the boulevard area of Woodlyn Avenue. The City Planner pointed out that the Code requires that outdoor storage be behind the front building line. The existing condition is a violation of the Code, and the applicant has requested a Variance to allow this outdoor storage area to remain. The Planner indicated that the applicant is proposing that the existing fence would remain and landscaping would be added on the boulevard area to provide screening. The Planner noted that the Planning Commission felt the Variance was justified based on the findings listed in the July 3, 2008 planning report. The City Administrator reviewed the report of the Code Enforcement Officer relative to the grandfather status of the property. Based on a review of the file, no building permit was obtained for the fence. The Administrator noted that the property line was moved in 1994, and after reviewing aerial photography, it appears the fence was moved about this same time. Mr. Holm confirmed that a new fence was erected in essentially the same location. Again there are no fence permits in the property address file. The City Planner noted that the Variance request is for the continuation of outdoor storage beyond the front line of the property and not for the fence. The City Administrator indicated that the outdoor storage in this location was not grandfathered in as it was established after 1980 and was for a different type of use. Dave Holm disagreed and noted that the previous property owner, Fuel Economy, had a great deal of outdoor storage on the site. Holm reviewed the aerial photography, and contended that the fence did exist in 1985. He indicated that the fence was replaced with new materials in its same location. 12