Agenda - Council - 12/18/2001 - Laserfiche WebLink

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I I I I I I I I I I i I i I I I ,I to be amended to read "That during the three year term the proposed use will not be..." Councilmember Anderson felt that finding #11 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 fight 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 Director Frolik replied that that was before the property was placed in a moratorium. Councilmember Anderson noted that the request is only for an interim use. Community Development Director Frolik explained that the industrial zoning does allow for outside storage, but on paved surface and it has~to be enclosed. Councilmember Hendriksen replied that what is being proposed is not co~.s,~ent"~,!:~h what has been done in the past· Councilmember Anderson stated that it would be ,b~- to d'~te finding #15. Councilmember Hendriksen replied that he personally felt that th~:':hcts need ~!ibe stated as they are. if they feel that the use will not be operated and mainta?ed so as ~M!~'e ham~onious and appropriate and that it will change the essential character of ti~!~are~'!~:i~ ~e~:i~i~:hey saying that the use is inappropriate according to ordinances· City Atto~i~)od~¢~,~.replied that if that is the case then the Council today's should not be granting the pe~:!'~ d:~ncilm~nber Kurak stated that she wants to avoid having Kenko spend a lot of money on the sii~:~ ~¢~ply with current City Code only to have the City to buy the property in the future. Q~ Attorney Q~gpdrich replied that if the Council were to ~ant the permzt as proposed they.~o~!,~d::~¢:~i~e'~i~Squmn~, them to expand a lot of money· Councilmember Kurak inquired as to"'~h'~ ~ould~e responsible for acquifing the property if the City asks them to spend more money on ~i~e/,§5~. Co~ilmember Hendriksen stated all of the things Ms. Kurak brought up are justification-.'~or gr~r~'-'~he permit and they may be enough justification to do so, but those facts need to ~i~ r~m~fl~ Ci~}}ttorney Goodrich replied that they are not legally binding them to anything ot~i~han B~ing ~ to the permit. The City is not telling them that the City will pay for anything, but it ~'~1 be puffi;ng Kenko on notice that in the future the land may be taken. Counmlmember Kurak stated that,,.she does not want to demand that they invest a lot of money into the property and then ha,~4t6 buyS~t back in three years. Councilmember Hendriksen Stated that one of the things that:~:~}tantly happens is that once the City permits something everybody else wants the same th~s. The City has a long history of trying to clean up the businesses south of the property so there has to be some justification that sets this apart from everyone else. City Attorney Goodrich stated that finding #11 is a new fact that has not been evident in earlier cases. Councilmember Anderson inquired if the City were to deny the permit because they don't think the open storage is appropriate even though it is a temporary use, will it create any difficulties because Kenko does own the land. She also inquired if it would be possible to negotiate another area. Councilmember Hendriksen replied that a businesses will chose the least cost alternative. If the choice becomes building a facility that meets the requirements for a greater cost or do the minimal amount of things somewhere else they will chose the minimal cost. He questioned if the Council was willing to set the precedent or endure the rationale of the inconsistency and write it down to make legal sense. Councilmember Anderson inquired if they would be within their legal rights to deny the permit. City Council/November 27, 2001 Page 11 of 22 -33-