Minutes - Council - 07/28/2009 - Laserfiche WebLink

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/' Motion by Councilmember McGlone, seconded by Councilmember Elvig, to Adopt Resolution #09-07-161 Approving the Request for an Interim Use Permit for NorthWest Radio Control Club, based on Findings of Fact #161 and contingent upon securing access right from the adjacent property owner. Further Discussion: Councilmember Dehen questioned if the permit would be approved on a five-year term. Associate Planner Gladhill confirmed that the permit would be for. five years with the ability to extend. He explained that if the conditions were not being followed, the City would have the ability to pull the request and review the permit.Councilmember Dehen thought it would be appropriate to let the permit move forward but did not agree with the five-year term. Councilmember Wise believed that the conditional use permit would allow staff to address any issues if complaints arose. He stated that there would most likely be a complaint in regard to any type of noise, whether a snowmobile or lawn mower. Mayor Ramsey questioned if a one-year permit could be granted with four consecutive one-year extensions. Attorney Goodrich stated that could occur and had been done in the past and a clause had been built into the permit that would allow the City to revoke the permit. Councilmember Dehen was concerned with the burden of proof that the City would need to prove in order to revoke a conditional use permit. Mayor Ramsey questioned if Councilmember Dehen would be in favor of the approval if they were to change the permit to a length of one year, with the ability to renew for four consecutive terms of one year. Councilmember Dehen stated that he would be in favor of that option. He explained that he was not interested in having the applicant pay additional fees, but was more interested in being able to protect the neighboring properties. Amendment motion by Mayor Ramsey, seconded by Councilmember Look, Amend Resolution #09-07-161 to approve for a one-year term, commencing on the date of approval, with the opportunity to extend the permit for four additional one-year terms, with the condition that it does not become a public nuisance and that complaints do not become an issue. Further Discussion: Councilmember Jeffrey questioned how the review and renewal would be generated. Attorney Goodrich stated that the renewal could be automatic unless complaints become an issue. Councilmember McGlone questioned if Councilmember Dehen, or any of his neighbors, have complaints currently in regard to the planes. Councilmember Dehen stated that he did not have any complaints and he did not ask his neighbors if they had issues. Associate Planner Gladhill reported that no official complaints had been received by City staff. Councilmember McGlone stated that he had seen the applicant and customers at this location using their planes, seven days a week. He did not know of any complaints and thought that since the applicants had followed the specified process, and had not caused any harm, he believed that the permit should be allowed for a length of five years. Councilmember Look did not foresee a problem with complaints and agreed that it would be beneficial to move forward on the one-year agreement with four consecutive <me-year renewals, at no additional cost to the applicant. Attorney Goodrich thought that staff would have the ability to determine if there are legitimate complaints in regard to the permit renewal. Motion to amend carried. V oting Yes: Mayor Ramsey, Councilmembers Look, Dehen, Elvig, Jeffrey, and Wise. Voting No: Councilmember McGlone. City Council! July 28, 2009 Page 5 of 13