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Planning Commission Minutes May 5, 2009 Page 4 his request. He stated that the application is being fast-forwarded but it is already May 5th and well into the boat season. He stated that NLr. Howerton has said no to the letter of credit and no to the certificate of occupancy to ensure completion of the improvements. Commissioner Lemke stated that the islands being proposed would protect the traffic and pedestrians. Mr. Howerton stated he is not opposed to the curbing; he just wants to see it in the right place. He stated that he apologized for the lateness of the application, but his position with a large boating sales organization was just terminated on March 23rd. He stated that he is trying to get this business going this year and does not have the capital to wait for the 2010 season. Commissioner Anderson stated that he is hesitant to recommend anything other than an interim use permit, since a conditional use permit stays with the property indefinitely. He stated he is sympathetic to the applicant's dilemma but that he feels the process is going to fast. He stated that the Commission needs to look at what is best in the long term for the city. He stated that customers cut across the parking lots and there is currently nothing to stop them. He stated that he could not support the request at this time. Mr. Barnhart stated that the applicant has not applied for an interim use permit, so the Planning Commission needs to act on the conditional use permit request. Commissioner Staul stated that the conditional use request is no different than any others they have seen. He stated that if the City Council grants the waiver, and it appears the request meets the criteria, he would support the conditional use permit. Commissioner Westberg stated that he felt there is a legitimate concern for the sign in the roadway. He asked if the applicant would be allowed a freestanding sign and where it could be placed. Mr. Barnhart stated yes, he would be allowed a freestanding sign, which could be located in the external display area. Commissioner Ives questioned requiring the island by the fenced area, since the fence would not be installed until a later date. Mr. Barnhart stated that the island could be phased in when the fencing is completed. Chair Scott stated he agreed that these types of service roads should be looked at in other areas of the city. He stated he concurred with Commissioner Anderson that there is a potential for regret, due to the speed with which the application is moving forward and cannot support the request at this time. Mr. Barnhart stated that based on the assumption the City Council will waive the moratorium, the Planning Commission needs to review the request based on the current ordinance. Commissioner Staul stated that their recommendation for denial of the waiver sends their message to the Council that they would rather not approve the request until after the moratorium expires. MOTION BY COMMISSIONER STAUL, SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY MONTE HOWERTON FOR A CONDITIONAL USE PERMIT TO ALLOW MARINE, RV AND POWER SPOTS EQUIPMENT SALES AT 17369 HIGHWAY 10, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS.