Agenda - Council - 04/22/2008 - Laserfiche WebLink

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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 5 to 8 items is too restrictive, then City Staff recommends that the numbers be reconsidered or that residents adhere to current procedural requirements for uncommon situations. Following the public hearing on March 6, the Planning Commission tabled action and requested additional information that would support the need for the regulations proposed in the ordinance. City Staff did check with the Police Department, and the complaint database does not distinguish a difference between complaints based on number of items being stored in a yard versus a complaint generated because of the condition of items being stored outside. Since abatement was implemented in August of 2007, the Police Department has performed 9 abatements to remove junk vehicles and debris from properties, and mow down tall grass and weeds. City Staff also conducted a very cursory drive -by inspection of approximately 600 lots. Of those, approximately 535 were less than 5 acres in size and about 25 parcels appeared to be non- compliant with the 5 item restriction if the proposed ordinance were to be adopted. Approximately 65 of the lots viewed were more than 5 acres in size and of those, 6 appeared to be non - compliant with the 8 item restriction if the proposed ordinance were to be adopted. The time of day of the drive -by inspections was between 2:00 and 3:30 p.m. It could be assumed that more items may be stored outside once occupants return home at the end of the day. It is also difficult to get accurate counts from the street on the parcels larger than 5 acres. The results of the survey could be interpreted in two ways: 1) Outside storage may not be a widespread problem; or 2) A majority of the parcels would be compliant and the new ordinance provides a tool to be used in those situations where outside storage has reached a `nuisance' level. Attachments: 1. Edited version of Section 9.11.08 (Off- Street Parking) dated 3.06.08 2. Current Chapter 9 definitions 3. City Council meeting minutes dated January 22, 2008 4. Planning Commission meeting minutes dated March 6, 2008 5. Drive -by survey results 6. Draft Planning Commission meeting minutes dated April 3, 2008 7. Proposed Ordinance —1 27 —