10-09-08 Planning Comm. Agenda - Laserfiche WebLink

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noted in the CUP review, there are some details that need to be finalized and clarified as a part of this condition. 6. Both the operator's parcel and the off-site location are found to be in full compliance with all applicable zoning regulations at the time of application, and have had no history of zoning violations in the previous twelve (12) months. Staff has researched this issue and found no specific violations. 7. The owner of the property and the owner of the storage material execute a development agreement with the City specifying any additional conditions for use and operation of the storage area, including a termination date for the interim use permit not more than one (1) year from the date of approval. Variance from Section 914.045.A.3 R & S Automotive is seeking a variance from Section 914.045.A.3 of the Zoning Ordinance which requires off-site storage tenants to be owners of businesses located in I-1 Districts of Little Canada. Current tenants of outdoor storage areas on R & S Automotive's property do not own businesses in Little Canada. The applicant claims that two of their five existing outdoor storage rental agreements have been in place for over 30 years. It is important to note, however, that these existing outdoor storage rental agreements were not established legally as the City of Little Canada has only recently adopted regulations to allow for off-site outdoor storage and, as such, the applicant does not have grandfather rights. As outlined in Section 922.010 of the Zoning Ordinance, the following criteria must be considered for all variance requests: In considering all requests for a variance and in taking subsequent action, the City staff, the Planning Commission, and the City Council serving as the Board of Adjustment and Appeals shall make a finding of fact that the proposed action will not: Impair an adequate supply of light and air to adjacent property. Unreasonably increase the congestion in the public street. c. Increase the danger of fire or endanger the public safety. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. e. Violate the intent and purpose of the City Comprehensive Plan. It does not appear that the variance request will impair light and air to adjacent property, will unreasonably increase traffic or fire danger,