Agenda - Planning Commission - 12/03/2020

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Commissioner Anderson commented that this is a nonconforming site, noting that the whole site is dirt and without gravel or asphalt. He asked why the business would not want to build a permanent structure on the site. He stated that if the intent is to have retail operation there should be a permanent structure that is presentable. Senior Planner McGuire Brigl commented that Lawn Monster is a tenant of the building and therefore investing in a permanent structure when you do not own the property would be a burden, especially in the current economical climate. She stated that for salt storage this type of structure would make more sense and follow industry standard. Commissioner Anderson asked if the applicant has plans to update the site with class five gravel. Senior Planner McGuire Brigl commented that staff has made that request and has worked with the property for multiple years related to code enforcement. She confirmed that could be added as a condition. Commissioner Gengler asked for clarification on the covering. Senior Planner McGuire Brigl stated that during the summer months there would only be the poles and cement base and the tarp/membrane structure would be used in the summer. She commented that staff would recommend the covering stay on (in good repair) year-round. Commissioner VanScoy asked for clarification on other encroachments within the 35-foot setback. Senior Planner McGuire Brigl reviewed some of the neighboring encroachments. Deputy City Administrator Gladhill stated that something similar was done for another Highway 10 business, near Tungsten, a few years back noting that business is a similar use. Councilmember Musgrove asked if the neighboring properties with encroachments are also legal nonconforming. Senior Planner McGuire Brigl confirmed that those properties are also legal nonconforming as the buildings were constructed prior to the current setbacks being in place. Commissioner VanScoy commented that if a variance is allowed for a situation in which the applicant created the problem without a permit that would place the City in a position where it could have to approve similar requests in the future. He stated that when he drove past the site, he did not see the metal hoops on the concrete structure. Senior Planner McGuire Brigl commented that the hoops were up the previous week but there were some improvements being made and it could have been moved. Commissioner VanScoy asked for details on the surface under the structure. Planning Commission/ November 5, 2020 Page 5 of 19