Agenda - Council - 01/22/2002 - Laserfiche WebLink

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-218- recommended approval of the interim use permit for a period of three years from the date of issuance. Councilmember Anderson stated that in a previous case having to deal with an interim use permit while the property is in a moratorium the City required that certain restrictions be placed on those businesses and perhaps those same protections need to be included in this situation as well. Community Development Director Frolik replied that staff could take the same language from Die Hard Paintball permit and include it in this permit. Councilmember Anderson stated that she would prefer that the business be located in a different location, but she does realize they need a place to go. City Attorney Goodrich noted that if the City were to identify a piece of property as its official map and the owner would then choose to place a building on that property they will not be compensated because they have been put on notice that it will possibly be used for a public improvement project. Motion by Councilmember Zimmerman, seconded by Councilmember Kurak, to adopt Resolution #0I-1 I- adopting Findings of Fact # relating to a request from Kenko Inc. for an interim use permit for the utilization of a temporary office structure and outdoor storage. Further discussion: City Attorney Goodrich stated that they should probably include a finding of fact for granting the permit for three years. Mayor Gamec recommended that the finding that would only allow for the permit to be in place for three years because of the future planning and use of the area. City Attorney Goodrich suggested that wording "... for potential development in three years." Councilmember Hendriksen stated that finding #15 states that the use will be harmonious and appropriate in appearance, but outside storage is not consistent with the Town ' Center. Councilmember Anderson replied that they could remove finding #15. Councilmember Hendriksen stated that the accurate statement would be that it will not be operated and maintained so as to be harmonious and appropriate in appearance..." or if the Council is intended to grant the permit then it might be justification for granting a three year permit rather than a five year permit. City Attorney Goodrich recommended adding the following language to the end of finding #15 "...for no more than three years." He also recommended that an additional finding be added which would state that "That future development of the adjacent property may make the use inappropriate in the date hereof." Councilmember Hendfiksen noted that finding #18 needed to be amended to read "That during the three year term the proposed use will not be..." Councilmember Anderson felt that finding #I I should include some wording to recognize that the property is under a moratorium. Consensus of the Council was to add to the end of finding # 11 the following "... and/or Armstrong Boulevard right of way, and future Town Center area. City Attorney Goodrich recommended that finding #15 read "That during the three-year term the proposed use will be operated and maintained." Councilmember Hendriksen replied that the City is not permitting other businesses in the area to store equipment outside. City Attorney Goodrich- replied that those businesses have not applied. Councilmember Hendriksen noted that the City has required brick facade, etc in the past on business in that area. Community Development City Council/November 27, 2001 Page 10 of 22 I I ! I ! ! I ! ! I I ! I I ! ! ! !