Agenda - Council - 07/09/2013 - Laserfiche WebLink

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CC Regular Session 7. 1. Meeting Date: 07/09/2013 Submitted For: Patrick Brama By: Patrick Brama, Administrative Services Information Title: Highway 10 Outside Storage: Policy Discussion and Permission to Submit an Interim Use Permit (IUP) Application Background: Staff recently received an inquiry to lease City owned land located at 7443 U.S. Highway 10 with the purpose displaying trailers for sale (display of items for sale). Attached to this case is the proposal. In summary, M&G Sales (7575 Hwy 10) is interested in leasing City owned land located directly adjacent to their existing business; with the intention of attaining additional product display area (outside storage). M&G's proposal is to improve the new sales/display area surface with Class 5 gravel and to extend their existing fence. Based on existing City code and previous Council direction (policy), Staff is unable to administratively approve the proposed use. As a result, M&G has requested the City Council consider a policy change regarding this manner. Purpose of Case: Respond to inquiry from M&G sales. Additionally, Staff periodically receives similar inquires and would appreciate policy direction and/or confirmation from the City Council regarding this manner. (1) Policy Direction Provide Staff with (A) new policy direction or (B) confirmation of existing policy. A change in policy would necessitate certain zoning code amendments in order to ensure fair and equitable enforcement of existing city code standards. (2) Grant Permission to M&G Sales to Apply for a IUP (A) Allow M&G Sales to submit an application for an IUP or (B) direct Staff to notify M&G Sales the City's existing policy has been confirmed Notification: No notification is required at this time. Observations/Alternatives: Observations: Based on City Code, areas for display of items for sale, parking areas, and maneuvering areas must be paved, include continuous curb and be reviewed/approved with a site plan. Gravel surfaces (as proposed by M&G Sales) are not allowed in City Code for outside storage/display areas. It is noted, if the Council does allow M&G Sales to expand their operation onto City owned property, a Conditional Use Permit may be required for the expansion sales (which is not related to this case). In 2009, motor vehicle sales and repair was re-classified as a Conditional Use. Because the use was in existence prior to the ordinance amendment, lawful, non -conforming statutes allow the use to continue so long as the use does not expand without proper approval. In this case, the proposed use would be an expansion. Staff will work with the Owner to determine if the proposed use falls within this use category. With that in mind, the City does have the ability to issue an Interim Use Permit (IUP) for this Zoning District to allow for gravel surfaces in unique situations. However, it has been the City's POLICY to support IUP applications for this waiver ONLY in circumstances where: