Minutes - Council - 03/11/2003 - Laserfiche WebLink

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Councilmember Strommen stated that obviously the neighbors are saying that the use would be disturbing to them, but she does realize that that is their opinion and not necessarily based on fact. City Attorney Goodrich requested that language be added to conditions #15 through #21 stating that "That the proposed interim use ..... ". Motion by Councilmember Kurak, seconded by Councilmember Cook, to adopt Resolution #03- 03-068 adopting Findings of Fact # 0644 in the affirmative relating to a request from Gerald Bauer for an Interim Use Permit, amending conditions #15 through #21 to include the language "That the proposed interim use ...". Further discussion: Mayor Gamec inquired if there was anything in the findings of fact that related to the length of the permit. City Attorney Goodrich replied no. Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Kurak, Cook, Pearson, Strommen, and Zimmerman. Voting No: None. Abstained: Councilmember Elvig. Motion by Councilmember Kurak, seconded by Councilmember Strommen, to approve Mr. Bauer's request for an Interim Use Permit at 16130 Variolite Street NW, based on the findings of fact, and adopt Resolution #03-03-069 declaring terms of same, amending condition #1 to read "..March 12, 2003 to March 12, 2004.", which could then be re-addressed in 12 months. Further discussion: Mayor Gamec inquired as to when notices would be sent out to the residents if the permit were to be renewed. Community Development Director Frolik explained that the applicant has to apply 30 days before the expiration date on the permit. Mayor Gamec inquired if citizens are notified of the renewal application. Community Development Director Frolik replied that another public hearing would need to held because it would be a new application. Councilmember Cook stated that rather than going through this process again in another year, he thought that they should stay with two years since the property owner feels in two years they would be able to establish themselves on another piece of property within that time frame. If the applicant does not comply with the terms of the permit than the permit can be revoked. Councilmember Kurak stated that she felt that allowing for a one-year interim use permit was a compromise for the adjoining residents and the property owner. She stated that they could revisit the issue in another 12 months, but that does not guarantee that the Council will grant an additional 12 months. City Attorney Goodrich noted that Councilmember Cook could move to amend the motion to allow the permit to be effective until 2005. Councilmember Cook replied that there does not seem to be support for that amendment. Councilmember Zimmerman requested that they include in the permit that the truck traffic cannot use 161st Avenue NW. Motion was amended to include condition #16 to state that the applicant is not allowed to use 161st Avenue NW as a travel route for any of the commercial vehicles and equipment. Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Kurak, Strommen, Cook, Pearson, and Zimmerman. Voting No: None. Abstained: Councilmember Elvig. City Council/March 11, 2003 Page 13 of 23