Agenda - Council - 08/22/1994 - Laserfiche WebLink

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cha.r,~cter of the generzl vicinity and such use will change thc esspndaJ or intended character of the area. Finding #19 - Add language to indicate that the proposed use will be disturbing to neighbors because of the size and number of' vehicles and equipment invoIved, the Lvpe of' traffic_and _noisc. d generated by said ,,,~h[c)es and equipment, and thc rural residential cha. r~¢mr of ~he nei~hborh~d. Finding #22 - Change to read as follows: That the proposed use will involve Thc usc of vehic}es a. nd equipmenl that will be derrimema) ~o the serenib' and peacefulness of the r¢~i. dentia! neighborhood by reason of production of traffic, nois~ and adverse visua! impact resulting from lh~ nt~mb~r of l~o'-~e, commercial vchic)cs and equipmen_I involved v,,i[h lhe use. The Planning Commission and CiD' Staff recommend adoption of the findings of fact, amended as described in the above paragraph, and denial of the request for a conditional use permit_ if Council accepts the recommendation of the Planning Commission and City Staff, a reasonable time period in which to relocate the business will have to be established. If Council chooses to approve the request for a conditional use permit, then the case should be sent back to the Planning Comrmssion for the purpose of drafting terms for the perrrfit. At the dine the Planning Commission made their recommendation for denial, Commissioner Deemer suggested that he would have been more receptive to a request for an 'interim use permit' which would establish terms under which M.r. HAcks could continue to store the equipment at his home until the business is relocated to an appropriate zoning dismct, a date which would be established by the City. It is my understanding that Mr. HAcks is not interested in a temporary permit at this point and is loo~ng to store the equipment on the property as long as he l~ves there. Further, if Council denies the con&irional use permit, Council wilJ most likely ~ve M_r. Hicks a reasonable amount of time to relocate the business. This accomplishes the same result as an 'interim use permit' except that mere are no formal rules of operation in place during that interim period before full relocation has occm-red. By ~m-an~ng an interim use permit, the City runs fn.e risk of having the conditional use permit den~al overturned because the applicant could argue that if the property is acceptable for an interim use permit, why is it n0~ acc. eprable for a conditional use permit. Adopt findings of fact #, ~'ela\ing to Gordon Hicks request for a conditional use pennia Motion to: Deny Mu-. Hicks' request for a conditional use permit based on findings of fact. -or- Motion to: Approve Mr. Hicks' request for a conditional use permit and direct the Planning Commission and City Staff to draft terms for same for City Council consideration. Review Checklist: CC: City Adminis~-ator CiB, Attorney CiU' Engineer 8~2/9,~