Minutes - Planning Commission - 04/03/2014

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Development Services Manager Gladhill commented staff could tie the permit length to acquisition of the parcel for highway purposes. He reported this could be made a part of the Planning Commission's motion. Commissioner Bauer understood a chain link fence and landscaping would be added to the City's property by the applicant. He questioned if these requirements should be waived given the fact this property would be acquired for highway purposes. City Planner Anderson stated the applicant was proposing to extend the chain link fence for security purposes. He noted the 20 feet of greenspace was required on the leased area through City Ordinance. He explained a variance would be required if the applicant were to deviate from these Ordinance requirements. He further discussed the purposes of the required screening. Commissioner Bauer inquired if the applicant had a preference on the screening requirements. Mr. Jung explained the chain link fence follows the top of the ditch along Highway 10. He reported a green area would be located along the fence to provide further screening of the Class V material. He commented he supported staff's recommendation regarding the greenspace requirements. Commissioner VanScoy asked how long M & G planned to be at this location. Mr. Jung stated business was going well at this location and he anticipated he would remain in this location for the next five years. Commissioner Brauer was in favor of the City pursuing a conditional use permit for this request instead of the interim use permit. Development Services Manager Gladhill explained this would require a City Code amendment and conditional use permit approval. He recommended that instead the interim use permit proceed and that it expire when the property was acquired for Highway purposes. Commissioner Field suggested the interim use permit be in place until that event occurs or until it is certain the event will not occur. Development Services Manager Gladhill believed this to be a fair comment. Motion by Commissioner Bauer, seconded by Commissioner VanScoy, to recommend that City Council adopt Resolution #14 -04 -067 approving the Findings of Fact allowing the use of an alternative surfacing material to expand an outdoor sales /display area contingent upon the applicant entering into a Lease Agreement with the City for use of a portion of City -owned property, amending Fact 17 to request the applicant work with the City to install and maintain appropriate screening according to the Ordinance; and amending Fact 19 rather than 5 years to read the duration of the lease with the City or when MnDOT determines this property will be acquired for the Highway 10 expansion. Planning Commission /April 3, 2014 Page 4 of 11