03/24/1997 Council Minutes - Laserfiche WebLink

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• • COUNCIL MINUTES MARCH 24, 1997 Council Member Neal asked if they are working on the site as dirt has been hauled in. Mr. Ahrens replied that last fall, fill dirt was brought in to level out ruts and depressions but nothing has been done recently. Council Member Bergeson asked about the reference for a time limit on the interim use. Mr. Brixius said the City has already adopted administrative rules for interim use with limits and time frames that include: setting a date with the specific permit for termination; termination of use upon violation of the conditions under which the permit was issued; termination upon change in the City's zoning regulations which renders the use non -conforming; and the termination of use when redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Council Member Kuether asked for further explanation of the termination of use upon change in the City's zoning regulations which renders the use non -conforming. Mr. Brixius stated that in the event the property was re -zoned, then the use would no longer be allowed. Council Member Kuether stated this use is not allowed now. Mr. Brixius concurred and stated this is what the revision would allow for the use of the land in the interim. He said this would allow the City to terminate the use if the land use or zoning district changed. Council Member Bergeson asked what would happen if in a year or two years there is a proposal that fits the SC zone and the City approves it; what takes precedence, the five years to Rehbein or the SC proposal. Mr. Brixius replied that the SC proposal would take precedent. He also stated Mr. Rehbein feels prime development is five (5) years down the road and that's where the five year time frame originated. He stated the Council could change it to a shorter period of time or state that all events listed have equal holdings regarding the termination of use. Mr. Bergeson stated he currently does not have an opinion on the five (5) years but he is concerned that the City not become locked in to exactly five (5) years. Mr. Wessel provided some background information from the Economic Development Authority Advisory Board and stated there is a comfort level with the five years. Council Member Kuether inquired about the golf balls and netting to keep the balls away from the residential area as well as the lighting. She said she read that they would not recommend any lighting because it would encourage night use. This was not included in the draft. Mr. Brixius stated this was correct. This condition was applied to this specific application and if the Council feels that it is appropriate for any general application throughout the City then it should be applied to the ordinance as well. He continued that during the Planning and Zoning Board review, they felt it was required for this application due to its proximity to the freeway and homes to the north. Council Member Kuether then asked for verification that the interim use would not have any lighting. Mr. Brixius stated this is what the applicant is suggesting. He asked the City Council to include this in their recommendation because it does not show up in the Planning and Zoning Board minutes. PAGE 8