Agenda - Planning Commission - 11/05/2020

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months. This type of request has been made in the City's Employment Districts in the past and the City has allowed in very limited applications for the purposes of storing salt for snow removal purposes. The overall use on site exceeds previous legal, nonconforming use of outdoor storage for equipment, materials from daily operations at work sites, and vehicles parked on unimproved surfaces. A chain link fence surrounds the property, but the Subject Property does not have any alternative screening. The City can consider an expansion of this lawful, non -conforming use through the issuance of a Conditional Use Permit. Current Regulations Lawn Monster is applying for the Interim Use Permit, and Variance to utilize the hoop building with the tarp cover which does not meet architectural requirements, and to be reduce the 35 foot setback to 5 feet, respectively. If they are denied, they will have to make adjustments to meet standards required by code or remove the building from the property. The structure does not currently meet architectural standards for accessory structures with or without the canopy cover. It also does not meet the rear setback requirement of 35 feet for buildings in the E-1 Employment District. Conditional Use Permit The Conditional Use Permit is proposed to increase the area utilized for outdoor storage of parking on unimproved surfaces. The City does not have documentation showing City Approval of this outdoor storage, especially on unpaved surfaces. Aerial photos showing previous use are attached to this case, but may not accurately reflect use of the property since they are essentially a snapshot of that specific time of day. However, when looking back at historical aerial photos, it is evident the small encroachments of outdoor storage continued incrementally over the years. Additionally, if a use terminates for more than 12 months, the lawful, non -conforming protection expires. The area would have to be maintained Applicant, and run with the Property. There have been similar requests from other properties with similar uses. In summary, Staff believes that the City has the legal standing to limit the amount of outdoor storage, but still has the ability to allow as presented through the issuance of a Conditional Use Permit. Code Sections • Nuisance Section of Code, Chapter 30 - (3-5) • E-1 Section of Code, Chapter 117-117 • Accessory Buildings Section of Code, Chapter 117-349 Policy Questions Note - the Planning Commission only needs to directly address individual policy questions as desired. If there is already consensus, the Planning Commission does not technically need to directly address. The appropriate Resolution(s) are structured in such a way to approve as requested by the Applicant. These topics of discussion are only needed if the City desires to put more restrictive standards beyond what is already proposed. • Interim Use Permit - Accessory Structure • Would the Planning Commission be open to a 5 year interim use permit for the membrane structure on this specific property? The Applicant has indicated their preference would be that the structure is a permanent solution and fixture onsite. • What time period seems reasonable? • Would the Planning Commission approve the Interim Use Permit for the use and deviation from architectural requirements for accessory structures? • Code states that accessory structures must be "generally consistent with the exterior finish of the principal building or finished with hardboard lap siding, vinyl lap siding aluminum or metal siding, metal panels, textured wood (painted) and/or masonry." • Canvas in the winter is proposed which would deviate from Code, the Applicant has also requested to remove the covering in the spring/summer months which Staff is not supportive of. The structure is either there or it isn't. If the City is open to this type of structure, we should be willing to keep it up year round. Removing the membrane covering exposing the framing of the structure appears to be a more significant visual nuisance. • The City of Ramsey has granted IUPs in the past for similar uses, notably for salt storage for winter use.