07-23-08 Council Agenda - Laserfiche WebLink

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11. Waste or recyclable material shall be contained in a refuse container. All such containers shall be stored within a screened enclosure within the rear yard of the property. The refuse container are screened by the building and landscaping. 12. The storage area shall be paved with asphalt, concrete, or other material approved by the City Council. This condition is met. 13. The storage area shall not occupy any space required for conformity to the parking regulations of the Zoning Ordinance. There is substantial parking area in front of the proposed storage area on the site. 14. The property, including buildings and exterior site areas, shall comply with all applicable fire codes. The fire chief should comment on compliance with this regulation. 15. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residential uses, and shall be in compliance with Section 903.020.1 of the Zoning Ordinance. Existing lighting is incidental to the circulation and building lighting already in place — no new lighting is proposed. 16. All other provisions and requirements as deemed necessary by the City Council. 17. The applicant complies with the provisions of Section 921 of the Zoning Ordinance. As noted, the applicants are also seeking a variance to exceed the current ordinance allowance of a maximum of 4 containers. The applicants make the following arguments in support of their request: • The storage containers result in a more orderly site than other outdoor storage. ® The option of storing the materials (air compressor equipment) outdoors would result in a less orderly, and more visually unappealing site. ® The applicants do not have the option, given building setbacks and circulation needs, or constructing additional building space. ® The containers can be painted to match the building, reducing visual impact. The applicants further suggest that a better standard would be a percentage of lot area for containers, rather than a fixed number. With a 2 -acre property, a 5% threshold would result in a maximum of about 11 full -size shipping containers. Smaller parcels would be able to accommodate fewer containers, based on their size. When considering a variance, the City is required to find that there are unique circumstances of the property that create a hardship in putting the property to reasonable use under the generally applicable regulations. In this case, the applicants have made a case that is more appropriate for a change in the regulations, rather than addressing the requirements for variance. If the City is to consider the variance, findings would need to be made addressing the hardship language in the code. 3