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<br /> MINUTES <br /> <br /> CITY COUNCIL <br /> SEPTEMBER 20, 2010 <br /> The City Attorney reported that this would be correct, provided that the <br /> outdoor storage complied with the 1984 ordinance conditions, the outdoor <br /> storage has not expanded beyond what was legally established as a <br /> permitted use, and that there was no break of a year or more in the outdoor <br /> storage use. The City Attorney indicated, however, that he needs to <br /> research case law to determine if all four ordinance conditions would <br /> stand up in court should a property owner make a challenge. <br /> 'T'here was discussion about the fact that most of the properties that had <br /> outdoor storage within the 1984 to 1997 time period would not have <br /> submitted a site plan to the City depicting the outdoor storage as well as <br /> fencing and screening of the outdoor storage area. The City Attorney <br /> indicated that provided case law supports this ordinatce condition, the <br /> outdoor storage would not have been legally established, therefore, would <br /> not be grandfathered in as a legal non-conforming use. In that case, these <br /> property owners would need Conditional Use Permits for the outdoor <br /> storage use on their property. The City Attorney also indicated that the <br /> burden of proof would rest with the property owner. <br /> Based on the discussion of this issue, the City Attorney will proceed to <br /> research case law and will report back to the City Council. City staff will <br /> research the files to determine if any properties have the required site plan <br /> legally establishing the outdoor storage use as a permitted use. <br /> There being no further business, the workshop meeting was adjourned at <br /> 7:25 p.m. <br /> Will- <br /> ra <br /> ~lesener, 3vlay~ <br /> \ \ <br /> Joel I1Ianson, City Administrator <br /> 6 <br /> <br />