Agenda - Planning Commission - 03/06/2008

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During the January 22, 2008 Council discussion, City Staff was asked to consider a clause in the ordinance wherein a resident, with just cause and hardship,. would not be required to make any formal application and could get permission from the City Council to store more items outside than the code allows. The City Attorney has suggested that such a procedure would be inequitable application of the land use regulations and opens the door to frivolous requests and arbitrary and capricious decisions. All other residents and entities have to pay for a variance; and by law their requests are subject to a public hearing which gives neighbors the opportunity for input. In the more casual process suggested, there would be no opportunity for a neighbor to express concern or appeal the permission granted to exceed what City Code allows. If there is concern that there are going to be instances where 5 or 8 items is too restrictive, then City Staff recommends that the Planning Commission and Council reconsider the numbers rather than making arrangements for a separate variance process. City Staff recommends adhering to current procedural requirements. Funding: If this ordinance is adopted, enforcement duties would be the responsibility of the Police Department. Additional Staff may be necessary, as the proposed ordinance will increase the numbe.r of properties out of compliance with the off-street parking regulations. Recommendation: Conduct the public hearing, review the ordinance and direct staff for any modifications deemed necessary. Formulate a recommendation to City Council. Commission Action: Motion to direct City Staff to forward the proposed ordinance amendment to Section 9.11.08 (Off-Street Parking) of City Code to City Council, as amended, for ADOPTION OR DENIAL. -or- . Action will be based on Commission discussion. Review Checklist: Associate Planners Police Chief Community Service Officers City Attorney pc: 03.06.08 27