04-27-11 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 27, 2011 REZONING & CUP — 3075 SPRUCE STREET — NIELSEN Mayor Blesener opened continued Public Hearing to consider the request of Tom and Gayle Nielsen for the Rezoning of their property at 3075 Spruce Street from Industrial Park (I -P) District to Light - Industrial (I -1) District as well as a Conditional Use Permit for outdoor storage. It was noted that the Planning Commission and the City Planner have recommended approval of these requests. The City Planner indicated that the property was originally zoned I -1 and was rezoned to I -P by the City several years ago, along with several other properties, to promote a higher standard of development in the area near South Owasso Blvd. Since the time of the rezoning to I -P, the City has made changes to this zoning district, most recently with regard to outdoor storage. Under the current standards, the property is out-of-compliance with I -P zoning regulations, but would generally comply with 1 -1 zoning regulations. Therefore, the property owners are requesting that the property be rezoned back to Light - Industrial (I -1) District. The Planner noted that it is the property owners' contention that there use of the property is grandfathered in under the I -P District and that the use is legal and non - conforming. The City Planner reported that the Fire Marshal has reviewed the property and finds it complies with the Fire Code. The Planner noted that the Nielsen's have indicated that they will remove the trailer at the back of the property and replace it with a steel storage unit. However, they are requesting a period of time to do this. The Planner indicated that a steel storage container is consistent with the 1 -1 District. While there are a few details to be verified, the Planner indicated that he believes the Nielsen's will be able to comply with I -1 District requirements. Ile noted that the property to the south of the Nielson property is zoned I -P and the property to the north is I -1, therefore, a rezoning merely shifts the zoning line over one lot and would be consistent with the Comp Plan. The City Administrator reported that the outdoor storage on the Nielsen property was never legally established with a CUP. The Administrator noted that the way the site is currently being used, the amount of outdoor storage has been greatly reduced. Screening of the outdoor storage from the right -of -way may not be necessary given the outdoor storage is behind the building. Tom Nielsen indicated that he objects to enclosing the dumpsters since a trash enclosure would interfere with snowplowing and would be subject to damage. The City Planner noted that a screening panel /wall could be used rather than a full trash enclosure. Blesener suggested that the Nielsen's work with City staff on the screening issues to ensure compliance with the codes. 2