02-10-11-Planning Comm. Agenda - Laserfiche WebLink

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In this case, the applicant contends that the same conditions that existed when the original CUP was approved in 2006 are still present, and that it would be deny reasonable use of the property to require the outdoor storage area to be located on the north side of the building. As a Conditional Use, outdoor storage is presumed to be an allowable use of the property, presuming that potential concerns raised by the use are mitigated by appropriate conditions. Placing an outdoor storage area on the north side of the building would indeed interfere with access around the building, including emergency vehicle access, and would also not be usable by some of the occupants of the building, including the current applicant and owner. As noted in the variance criteria "shape of the property" is one example potentially constituting a special condition under which a variance may be considered. Apart from this issue, all other conditions on the property appear to conform to the ordinance regulations for parcels in the Industrial Park District. Moreover, there appears to have been no original concern with the size of the storage area relating to the City's consideration of the original CUP. It was noted in the staff report at the time that the potential storage area could be a large as nearly 7,000 square feet, but was being proposed smaller only due to the needs of the applicant and the usage and design of the building. Summary and Recommendation The proposed outdoor storage CUP appears to comply with the requirements of the Zoning regulations, with the exception of location, for which the variance is requested. The outstanding condition from the 2006 CUP relates to the landscaping on the south boundary of the storage area, which should be enforced at this time (regardless of the outcome of this permit request). With the following conditions, planning staff recommends approval of the Conditional Use Permit for 6,000 square feet of outdoor storage on the subject property as proposed in the submitted plan: a. The applicant install approved landscaped screening along the south screening fence in accordance with a city- approved landscaping plan no later than June 30, 2011. The City Council may require a landscape installation and maintenance security as necessary. b. The fire department conducts a site inspection and approves the conditions of both the existing storage and proposed storage area for compliance with fire safety requirements. With regard to the variance to locate the storage area in a side yard, planning staff recommends approval, based on the following findings: The development of the parcel makes a complying location for outdoor storage impractical and inaccessible to most building occupants, including the current applicant and building owner.