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MINUTES <br />CITY COUNCIL <br />OCTOBER 27, 2010 <br />SPRUCE <br />STREET — <br />NIELSEN <br />Spruce Street from Industrial -Park (I -P) District to Light Industrial (1 -1) <br />District as well as a Conditional Use Permit to allow outdoor storage on <br />their property. It was noted that the applicants have submitted a written <br />request to withdrawn their application for Rezoning and Conditional Use <br />Permit. <br />The City Planner noted the applicants' withdrawal of their request. He <br />indicated that it was their understanding in requesting the Rezoning and <br />the CUP that there would be some additional outdoor standards that they <br />would be required to comply with under the Code. However, in <br />discussing their application with City staff, it was their feeling that if they <br />did not pursue any zoning action, their current outdoor storage would be <br />considered as legally non - conforming. The City Planner indicated that in <br />discussing this issue with the City Administrator earlier this evening, there <br />may be some question as to whether the outdoor storage was legally <br />established. City staff would like the opportunity to do some additional <br />research of this issue. As a result, the City Planner felt it may be <br />reasonable to table action on the request so that staff can do additional <br />research. <br />There was discussion about the need for a 60 -day waiver, and the City <br />Administrator suggested that the applicant be requested to submit a 60 -day <br />waiver to give staff time to research this matter further. The 60 -day <br />waiver would leave the property owners application open, so that if it is <br />determined that the outdoor storage was not legally established, they could <br />pursue the zoning requests before the Council. The Administrator <br />suggested that if the property owners do not submit the 60 -day waiver, <br />then the Council accept the letter of withdrawal at this time. <br />Mr. Montour introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 2010-10-267 — CONTINUING THE PUBLIC <br />HEARING ON THE NIELSEN REZONING AND CUP <br />APPLICATION PROVIDED THAT THE NIELSEN'S SUBMIT A <br />SIGNED 60 -DAY WAIVER BY MONDAY, NOVEMBER 1, 2010, AND <br />WITHOUT SUBMISSION OF THE WAIVER, THE COUNCIL <br />ACKNOWLEDGES THE NIELSEN'S WITHDRAWAL OF THEIR <br />REZONING AND CONDITIONAL USE PERMIT APPLICATION <br />The foregoing resolution was duly seconded by Boss. <br />Ayes (5). <br />Nays (0). Resolution declared adopted. <br />9 <br />15 <br />