Agenda - Council - 07/17/1995 - Special

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CASE DISCUSSION, REGARDING CITY CODE RELATING TO THE STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS By: Kendra Lindahl, Community Development Intern Background: Section 9.11.10 of City Code states as follows: "No morei than one (1) one-ton motor vehicle bearing a commercial license and no commerci~tlly licensed trailer shall be parked or stored in a residential district except when loading, u~oading or rendering a service. No commercial vehicle shall be parked or stored in a residential district except for short-term (two hours or less) when unloading, loading or rendering a service." As a result of thercode enforcement sweep in progress, numerous violations of the above code have been cited aad numerous more are anticipated. In the past, violators have been instructed to either make other ~m'angements for storing their commercial vehicles and equipment or apply for a conditional use permit to store these items on their residential properties. Council processedla similar case in 1994 and denied the application and gave the applicant one year to make other arrongements for the storage of the commercial vehicles and equipment. This spring, two of the ~olators cited applied for conditional use permits and the Planning Commission recommended den~al of these applications and recommended granting a grace period of 9 months to get into compliance. If Council is going to be consistent with their action in 1994, their intent behind the order for a code enforcementlsweep, and the recommendations of the Planning Commission thus far, then it doesn't seem rightlto instruct these persons to spend $375 on a conditional use permit application just to find out how long of a grace period Council is going to give them to get into compliance. Staff brought the issue to Council at its June 27, 1995 meeting to discuss what Council's intent was in regard to tl~ commercial vehicle ordinance. Staff presented the issue, gave some examples of how other communities handle this issue, and asked for direction from Council. Council scheduled a work~hop for Monday, July 17, 1995 at 6:30 pm. Staff was directed not to send out any more letters oO commercial vehicle violations and to put the current cases on hold. Staff was also directed to r~fund the CUP application fees to everyone who applied for a CUP to store commercial vehicles on residential property. Staff was instructed to continue researching what other communities allow for the storage of commercial vehicles and equipment in residential districts. Notification: Persons on the listigenerated at the June 27, 1995 Council meeting. Observations: Andover residents are allowed to store only one truck with a gross capacity of 12,000 pounds or less at their reside.rices. In the R-1 and R-2 single family districts, they can store a track-tractor in an accessory building if the lot is at least 3 acres in size. There is no storage of semi-trailers allowed.