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

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MINUTES PLANNING COMMISSION OCTOBER 9, 2008 legally non-conforming. The Planner stated that any of the shorter term tenants would not be grandfathered in as their outdoor storage use was not legally established. Knudsen pointed out that without the Variance to allow Interim Use Permits for the off-site outdoor storage uses operated by non-local businesses, the request of IUP's is without basis. The Planner replied that that was correct. He noted that the Code limits IUP's for off-site outdoor storage to Little Canada businesses only. The Planner reported that he and staff looked at the pre-1980 code which contains a provision allowing outdoor storage yards for building materials. "the Planner suggested that if Figg Masonry existed on the property prior to 1980, it may be legally non-conforming, therefore, grandfathered in. Knudsen noted that a hardship would have to be present to grant a Variance from the IUP standards for outdoor storage. He also noted that the basis for granting a Variance cannot be economic in nature. Sandburg suggested that the City wants R & S to develop their property, which is an economic issue. Sandburg reported that they cannot develop their property without realizing revenue from it. Knudsen pointed out that when the Code was expanded to allow off-site outdoor storage by IUP for Little Canada businesses, it was not written with one particular property in mind. Knudsen stated that the intention was not to provide a means for property owners to broker their property for outdoor storage. Sandburg pointed out that there is 50% building coverage of their property, therefore, they were not trying to merely broker it for outdoor storage. Duray asked if there were any other businesses in the City similar to R & S pointing out the unique long-term outdoor storage tenants that are a big part of the revenue for this business. Duray stated that he would like to see R & S continue to operate from their property, and asked if there was some way to accommodate their request. The City Planner noted that when the City began discussing the outdoor storage issue, the discussion centered on eliminating it entirely. That position was modified over a series of workshop meetings to allow outdoor storage to a certain percentage of the property. The position was further modified to allow off-site outdoor storage for Little Canada businesses. The Planner further noted that outdoor storage has not been allowed as a principle use on a property since before the adoption of the 1980 Code. He also pointed out that this issue has been discussed very thoroughly in a series of workshop meetings. 5-