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Assistant Community Development Director Frolik replied she would suspect the property will <br />be redeveloped and the paving would then be installed. • <br />Chairperson Nixt expressed concern with an enforcement action of an ordinance that applies to <br />all properties within the City where the City is electing to phase in compliance measures, for a <br />variety of justifiable reasons, starting with an area that has high traffic and working out from <br />there. He indicated this would be a bad practice to adopt. A property that meets the ordinance <br />requirements should be treated the same regardless of its location in the City. <br />Assistant Community Development Director Frolik indicated this property has come forward <br />with a special request to be treated. differently than other properties. She questioned at what <br />point the City has the opportunity to turn the corner and start requiring site improvements. - <br />Chairperson Nixt questioned what the rationale would be for not requiring this site to be paved <br />for the outside storage while it is a requirement of the Employment District. <br />Assistant Community Development Director Frolik replied this site was developed prior to the <br />pavement requirements. <br />Chairperson Nixt asked if there is a grandfathering exception. <br />Assistant Community Development Director Frolik replied her understanding is the courts have ' <br />ruled performance standards cannot be grand-fathered, in; only uses can. <br />Chairperson Nixt questioned what is unique about this site that provides the rationale to grant the <br />rp q <br />interim use permit. <br />Assistant Community Development Director Frolik replied the request is being made to add <br />another user on the property. This gives the City the opportunity to start requiring compliance <br />with the performance standards. Without the new user the property could likely continue with <br />class 5 until the site redevelops. <br />Chairperson Nixt asked if there are any requests in other Employment District sites where the <br />City has required or intends to require paving. <br />Assistant Community Development Director Frolik replied no, there are no other industrial sites <br />in the City for which, there are applications. If there is an expansion or something else is added to <br />a property the City has the opportunity to require paving. <br />Chairperson Nixt questioned if the City wants to bring the Employment District into compliance <br />in the future. <br />Assistant Community Development Director Frolik responded in the affirmative. <br />Chairperson Nixt questioned why the applicant would not be required to pave the site. <br />Planning Commission /January 4 <br />Page 14 of 35 <br />-16- <br />