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Reason For Land Use Request <br />Tom Nielsen — 3075 Spruce Street <br />Property owner is applying to rezone the parcel at 3075 Spruce Street from 1 -P to I -1 <br />zoning district. He is also applying for a conditional use permit to allow outdoor storage <br />and storage containers up to 60% of their lot area as allowed by code. The outdoor <br />storage will be used only by tenants occupying building space. <br />Background — <br />This building was built in 1985 by Mr. Nielsen. Immediately following the building <br />completion outdoor storage was established. The property owner contends that he was <br />always forthcoming that outdoor storage would exist on the property. However, a <br />Conditional Use Permit was never approved for this parcel. (The zoning code adopted in <br />1980 required a CUP for outdoor storage.) <br />In 1988, this parcel was rezoned from I -1 to I -P. During the City Council meeting to <br />rezone Mayor Fahey asks Mr. Nielson how much outdoor storage he has on his property. <br />Mr. Nielson replies that his building covers roughly 50% of the lot with the remaining <br />area dedicated to green space and outdoor storage. During the meeting discussions <br />continue about how with the rezoning of said parcels there would be no change to the <br />business as long as the property owner is not increasing the non - conformity. Mr. Nielson <br />believed he was in compliance as he currently existed and understood he was not allowed <br />to alter or expand the uses that existed on the site. <br />With today's outdoor storage licensing city staff is taking a more in depth look at the <br />storage areas that exist. This parcel was identified as having outdoor storage, but no CUP <br />as required by code. The challenge is that with the property rezoned to I -P the site is <br />limited to a storage area, in combination with semi -truck or trailer parking as defined in <br />Section 918.040.B of this Ordinance that does not exceed twenty -five (25) percent of the <br />gross floor area of the principal structure or ten (10) percent of the lot area, whichever is <br />less. That standard was tightened in 2005. Previously, I -P uses were allowed outdoor <br />storage that does not exceed seventy -five (75) percent of the gross floor area of the <br />principal structure or twenty -five (25) percent of the lot area, whichever is less. This is <br />substantially less than the 1 -1 zoning district which allows a storage area to occupy an <br />area no greater than sixty (60) percent of the gross square footage of the subject parcel. <br />The outdoor storage area has not increased over the years and is located directly behind <br />the rear line of the building. Currently, there is a chain -link fence that encloses the <br />storage area. The applicant is requesting to be allowed to keep the chain -link fence <br />(w /out slats) due to security concerns within Ryan Industrial Park. The zoning code in <br />1980 would have required a solid fence or wall constructed from masonry, brick, wood, <br />or steel. There was a period where within I -1 zoning that a chain -link fence with slats <br />would have been an acceptable form of screening, but that was recently amended to <br />require a masonry wall or fencing constructed of wood or vinyl, as well as landscaping. <br />Metal fencing may be used where landscaping provides a complete year -round screen and <br />is irrigated to ensure survivability in compliance with Section 903.020.F (Fences) of this <br />Ordinance. <br />2 <br />