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<br />10. Vehicles or equipment for a commercial use will count towards the maximum number of <br />items allowed to be parked or stored outside. <br /> <br />During the January 22, 2008 Council discussion, City Staff was asked to consider a clause in the <br />ordinance wherein a resident, with just cause and hardship, would not be required to 'make any <br />formal application and could get permission from the City Council to store more items outside <br />than the code allows. The City Attorney has suggested that such a procedure would be <br />inequitable application of the land use regulations and opens the door to frivolous requests and <br />arbitrary and capricious decisions. All other residents and entities have to pay for a variance; <br />and by law their requests are subject to a public hearing which gives neighbors the opportunity <br />for input. In the more casual process suggested, there would be no opportunity for a neighbor to <br />express concern or appeal the permission granted to exceed what City Code allows. If there is <br />concern that there are going to be instances where 5 or 8 items is too restrictive, then City Staff <br />recommends that the Planning Commission and Council reconsider the numbers rather than <br />making arrangements for a separate variance process. City Staff recommends adhering to current <br />procedural requirements. <br /> <br />Following the public hearing on March 6, the Planning Commission tabled any action for <br />additional consideration. City Staff did check with the Police Department, and the complaint <br />data base does not distinguish a difference between complaints based on number of items being <br />stored in a yard versus a complaint generated because of the condition of items being stored <br />outside. Since abatement was implemented in August of 2007, the Police Department has <br />performed 9 abatements to remove junk vehicles and debris from properties, and mow down tall <br />grass and weeds. <br /> <br />Funding: <br /> <br />If this ordinance is adopted, enforcement duties would be the responsibility of the Police <br />Department and staffmg may become an issue. <br /> <br />Recommendation: <br /> <br />Conduct the public hearing, review the ordinance and direct staff for any modifications deemed <br />necessary. Formulate a recommendation to City Council. <br /> <br />Commission Action: <br /> <br />Motion to direct City Staff to forward the proposed ordinance amendment to Section 9.11.08 <br />(Off-Street Parking) of City Code to City Council, as amended, for ADOPTION OR DENIAL. <br /> <br />Review Checklist: <br />Police Chief <br />Community Service Officers <br />City Attorney <br /> <br />pc: 04.03.08 <br /> <br />105 <br />