Agenda - Planning Commission - 04/03/2003

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P28 City Attorney Goodrich pointed out that that was an issue discussed at the planning Commission meeting, but even though Mr. Bauer is being taxed commercial/industrial the zoning is residential. Councilmember Cook inquired if it ,,vas possible to set a time limit on the interim use permit. Community Development Director Frolik explained that City Code establishes a five-year maximum on interim use permits and the applicant is requesting two years. Councihnember Kurak inquired as to what type of guidelines would the applicant have to follow if they were to approve the interim use permit. Community Development Director Frolik stated that they would want to identify hours of operation, make sure they don't need a hazardous waste generator license, and require a Class V surface for the vehicles to be stored on. City Attorney Goodrich stated that if the CounCil is inclined to approve the interim use permit the Council should direct staff to draft the appropriate findings of fact and resolution and than table action. Motiou by Councilmember Cook, seconded by Councilmember Kurak, to table action and direct staff to create findings of fact in the affirmative. Further discussion: Councilmember Cook stated that he wants to make sure that they have secondary containment. Councilmernber Kurak stated that she would like the permit to address hours of operation and any noise concerns. City Attorney Goodrich suggested that there be a limitation on the number of vehicles that can be stored on the property. Councilmember Strommen inquired as to what kind of precedent this would set for allowing commercial uses in other residential m'eas. City Attorney Goodrich pointed out that in this situation there are some unique circumstances such as the property being located in a heavily traveled area where there is already commercial activity and it would only be an interim use. But that is not to say that someone might not bring this up as an example in the future. Mayor Gamec stated that personally his opinion would be that it would be a very short-term use. Councilmember Elvig stated that Mr. Bower shut down a portion of his operation out of concerns of his neighbors, which resulted in a loss of revenue. The storing of vehicles is a very quite operation and brings in added revenue for what he has lost. Del Fredericks, 7750 158th Avenue NW, stated that they are doing regular routine maintenance on the site, and the City requires that vehicles be parked on a class V surface, which is not being done. He stated that this is not storage of vehicles it.is an actual business operation. To say it is okay because he is already taxed at a commercial rate does not seem right. The City has certain codes by which they expect businesses to operate. He sated that the Council needs to take into consideration the long-term implications. Motion can'ied. Voting Yes: Mayor Gamec, and Councilmembe~:~ Cook, Kurak, Pearson, and Zimmerman. Voting No: Councilmember Strommen. Abstained: CouncilmemberElvig. City Council/February 25, 2003 Page 8 of 24 I I I I I I I I I I I I I I I I I I i