12-22-08 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL DECEMBER 22, 2008 enforcement of the Code for the determined period of time. During that time R & S would work to transition into conforming uses. Blesener noted R & S's request fora 24-month period to bring the property into compliance. Blesener pointed out the recommendation later in the meeting to give a property in Ryan Industrial Park 18 months to bring their site into compliance. Blesener felt that the properties should be heated consistently. The City Administrator indicated that staff s position would be for consistency. He noted, however, the issue of the salvage operation and R & S indicating that they would forego any pursuit of this issue if the Council grants them the 24 month time period to get into compliance. Blesener asked how long the Code has required that outdoor storage be accessory to the principal business on a property. The City Administrator indicated that that Code provision has been in place since 1964. Mark Biegelbach, representing R & S, indicated that R & S has owned the property since 1972. There have been Code changes since the time they first purchased the property, and the owners of R & S had thought that they were in compliance with the Code until the issue of the salvage license was raised. Biegelbach indicated that the owners feel they still have rights to their salvage license, but would prefer not to go to litigation on the issue. If the City would approve the 24 month time period for compliance, the owners have indicated that they would forego the salvage license. Biegelbach indicated that the 24 month time period would allow R & S to do some interior improvements so that their tenants could rent building space from them in addition to outdoor storage space. Biegelbach pointed out that R & S has been a good business in the City, and other businesses have started from this property. Biegelbach felt that the situation was somewhat unique, and that the 24-month time period was reasonable for a business that has existed in the City for over 36 years. Blesener noted that the 18 months recommended by City staff is consistent with what is being considered for another business in the City. Biegelbach indicated that 18 months could work for R & S, but stated that they want to do the project right. Biegelbach noted that the record on both sides is somewhat unclear as to whether the salvage yard is grandfathered in or not. He also noted that Figg Masonry has been a tenant of the R & S property for the past 34 years. R & S would like the 24 months to figure out a plan for their tenants, and in return will surrender their salvage yard license. 10