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MINUTES <br />CITY COUNCIL <br />JULY 23, 2008 <br />Montour asked if the City could allow a Variance for up to 8 containers, <br />and if the business grows, Mr. Holm could reapply for consideration of <br />additional containers. <br />Blesener asked what would be a reasonable number. Montour stated that <br />what is reasonable for one property may not be for another. <br />Keis stated that he did not want to grant a Variance to this newly adopted <br />Code provision. He suggested a better option would be to review the <br />Code and have more discussion on what is appropriate. <br />Montour asked if it were difficult to calculate a percentage for allowable <br />storage containers. The City Administrator indicated that it could be <br />depending on the site. <br />With regard to the question of granting a Variance for 8 containers at this <br />time and future expansion to 11 containers, the City Planner indicated that <br />if a Variance is approved for 8, and new Variance would have to be <br />applied for at the time Mr. Holm wanted to increase the number of storage <br />containers to 11. <br />Montour felt it would be difficult to develop findings to support a <br />Variance due to the fact that the reason for the increase from 8 to 11 <br />would be due to business expansion. The Planner agreed. McGraw felt <br />that this was one reason why allowing storage containers based on <br />percentage of lot size made sense. <br />Keis agreed that it worked until a property owner wants to go from 5% of <br />lot area to 20%. Keis felt the Council should take some time to study this <br />issue and, in the meantime, give On-Site Air a temporary authorization for <br />the 8 storage containers. <br />The City Attorney pointed out that the granting of a Variance cannot be <br />for economic reasons. He indicated that when the courts look at zoning <br />issues they consider the rational basis for the zoning action. The Attorney <br />indicated that health, safety, and welfare is one consideration. Whether <br />the property can be put to reasonable use without a Variance is another. <br />The Attorney suggested that if the Council wanted to study the issue <br />further, it could enact a moratorium. The Council could study whether a <br />number or percentage should be used when limiting storage containers. <br />The City Attorney pointed out that most industrial property owners want <br />more outdoor storage, but asked if there was a health, safety, or welfare <br />basis for granting a Variance. The Attorney suggested that the Council <br />consider the applicant from On-Site Air Temp and decide whether a <br />9 <br />