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10-08-2007 CC MIN
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10-08-2007 CC MIN
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10/8/2007
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City Council Minutes <br />October 8, 2007 <br />Page 8 <br />• 5.3.A. Consideration of Rezoning to Permit Business Office and Outdoor Storage in Oudot A <br />Aggregate Commercial <br />Planning Manager Jeremy Barnhart presented the staff report. <br />Bill Ramsay, representing SR Weidema -explained that the applicant would like Council <br />direction on a request for rezoning that would permit the construction of a business office <br />and associated outside storage in the I1 zoning district. <br />Mr. Barnhart stated that in addition to the options outlined in the staff report, another <br />option would be to amend Section 30-1562 (d Conditional Urer) (20 L.andreaping contractorryard <br />provided that). <br />Mr. Ramsay questioned if an Interim Use Permit (IUP) would be appropriate. He noted that <br />the applicant would be willing to sign an agreement outlining adrop-dead date if <br />appropriate. Mr. Barnhart stated that an IUP could hamper future planning efforts. <br />Councilmember Farber indicated that if the IUP has adrop-dead date, planning can proceed. <br />He added that he believes it is a good use for land that is currently not being utilized. Mr. <br />Barnhart indicated that in order to allow the contractors yard either the area would need to <br />be rezoned, or a portion of it, to allow I1 or I2 or modify this zoning district to allow <br />contractor yards. He stated that if he had to chose an option, he would recommend <br />modifying subsection 20 to allow contractors yards. Mr. Barnhart noted that by doing this, it <br />would open up the entire I1 and I2 zoning districts to allow contractors yards, which map be <br />undesirable. <br />Councilmember Farber indicated that an applicant would still need to come before the <br />Counal if they wanted an interim use and approval would be at the discretion of the <br />Council. Mr. Barnhart explained that the burden to find reasons to deny a conditional use <br />permit or an interim use permit is on the Council which may be problematic for the Council. <br />Councilmember Farber stated NPs have drop-dead dates and the city can still plan for the <br />future. He stated that he supports modifying subsection 20. <br />Councilmember Gumphrey stated that the ordinance should not be modified and that these <br />cases should be discussed on an individual basis. He noted that he supports the request and <br />would like staff to develop options to allow the request. <br />Mr. Barnhart explained that interim use permits sound good but they can be difficult to <br />enforce. He stated that it is difficult to make people move that have been successful in a <br />location for a number of years. He stated that the City Council has the authority to enforce <br />the IUPs but that enforcement may be difficult politically. Mr. Barnhart recommended that <br />if the Council desires, he would come back with an ordinance amendment to allow the <br />contractors yard as a conditional use permit and the Council could consider allowing this as <br />an interim use in the meantime. <br />Mayor Klinzing stated that she does not want the ordinance changed. She stated that she <br />believes what is in the ordinance is sufficient as a number of uses are allowed. <br />Councilmembers Farber and Gumphrey indicated they would like staff to bring back <br />options. Mr. Barnhart stated that staff also needs Council direction on transitional rezoning <br />• and this use could be listed as an interim list. Councilmember Farber indicated that he <br />believes this would be an excellent topic for the retreat. <br />
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