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

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MINUTES PLANNING COMMISSION OCTOBER 9, 2008 AVENUE Conditional Use Permit for outdoor storage of vehicles and waste containers for R & S Automotive; Variance from the provision that an Interim Use Permit for off-site outdoor storage must be operated by a local business; Interim Use Permits allowing off-site outdoor storage for several businesses; Appeal of City Staffls determination that the Salvage Yard is not grandfathered in; Conditional Use Permit allowing proof of parking. Sandburg reported that he and Rustad have operated R & S Automotive for the past 36 years. He indicated that they would like to continue to operate their business as they have over this period of time. Sandburg noted that their business has not changed, the City rules have changed. Knudsen asked for a summary of the issues before the Commission. The City Planner indicated that the CUP for proof of parking was straight- forward. He noted that the Code requires a great deal of parking given the size of the building. Given that the actual parking need is not as great as the Code requirements, the property owner can set aside a portion of the property for the addition of parking in the future as necessary. The Planner noted that the request for CUP for outdoor storage for the R & S business, as well as any outdoor storage for other building tenants, generally meets the Code requirements. There are some screening issues on the east side of the building given that the existing plantings will need to grown in a little better. Sandburg noted that the power line runs through the east side of the property and the power company has cut many of the trees in this area. The City Planner indicated that the City would have no authority to require additional screening along the powerline easement. The next two requests are for a Variance fi•om the provision that an Interim Use Permit for off-site outdoor storage must be operated by a local business. The IUP for off-site outdoor storage would be a moot point without the Variance approval. Knudsen noted that many times a Code is amended which may result in disallowing an existing use. Knudsen asked the City Planner to address the issue of the grandfathering in of such uses. The City Planner indicated that what is being discussed is a legal non- conforminguse. He reported that if a use is established legally under the Code and the Code is then changed, that use becomes legally non- conforming and is grandfathered in. In the case of the outdoor storage users at the R & S property, the outdoor storage would have had to be an accessory use subordinate to a principle use on the property. The Planner suggested that it is likely that only one of the off-site outdoor storage users (established before the 1980 Code was adopted) would be considered as -4-