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2010-038 Council Resolution
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2010-038 Council Resolution
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Last modified
9/17/2021 1:14:49 PM
Creation date
8/29/2014 2:12:44 PM
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City Council
Council Document Type
Master List Resolution
Meeting Date
04/26/2010
Council Meeting Type
Regular
Resolution #
10-38
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• AGENDA ITEM 6 B <br /> STAFF ORIGINATOR: Jeff Smyser <br /> C. C.MEETING DATE: April 26, 2010 <br /> TOPIC: Resolution No. 10-38, Interim Use Permit for <br /> Open and Outdoor Storage As a Principal Use in a <br /> Light Industrial Zoning District, 2209 Phelps Road <br /> BACKGROUND <br /> Demolition and construction businesses have operated in the Phelps Road area for decades. The <br /> Light Industrial zoning district provides for open and outdoor storage as a conditional use and as <br /> an interim used depending on the situation. The documentation is spotty regarding just what <br /> � g p Y g g <br /> activities have been conducted on specific locations over time. This makes is difficult to <br /> determine which approval is required by the zoning ordinance: a conditional use permit or an <br /> interim use permit. Staff has determined that an interim use permit is the best option. This is <br /> explained in this report. <br /> • Interim use permits are reviewed with the same submittal requirements, standards, and <br /> procedures as a conditional use permit as well as standards specific to the interim use permit. <br /> This requires a public hearing by the P &Z Board and a decision by the City Council. <br /> Arnt Construction owns property on the south side of Phelps Road and has requested an interim <br /> use permit to expand storage activities onto the north side of the road. The property on the north <br /> side of Phelps Road is not owned by the Arnts. We are told they are negotiating to buy it from <br /> the current owner. We have received a letter from the current owner supporting the application. <br /> The interim use permit request is for the site on the north side of Phelps Road only. <br /> ANALYSIS <br /> Arnt Construction has requested an interim use permit to allow storage activities on the north <br /> side of Phelps Road. On its site south of the road, Arnt often has kept a stockpile of material that <br /> either has been crushed or will be crushed. This also has included topsoil at times. The <br /> company recently obtained a contract for demolition of the existing Main Street bridge over I- <br /> 35E. The new contract means more material must be stored and processed, and more storage <br /> land is needed. <br /> Storage of material north of Phelps Road has occurred in the past. Staff conducted extensive <br /> • research into minutes and permit files,but documentation does not prove conclusively that <br /> outdoor storage has been ongoing without breaks. Without a proven nonconforming use status <br />
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