04-30-07 Item 7A, Planning Case 07-006 Zoning Code for RV's

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After reviewing the information presented by the applicant, the Planning Commission determined that the intent of the Zoning Code is to manage and reduce the overall visual impact of RVs that are parked outside. Therefore, the Planning Commission recommends measuring RV length from the far front to the far back (See staff created drawing in Attachment 7 A-4). The applicant had proposed to measure the 5th wheel RV from the kingpin (hitch) to the far back. It is important to note that the fmal interpretation of the Zoning Code will apply to all residential properties and not just the property in this planning case. Unless otherwise directed, Staff will prepare language to amend the Zoning Code to include the appropriate RV measurement procedure as determined by the City Council. If the 5th wheel RV in this planning case is measured from the far front to the far back, the RV is 37 feet 11 inches long. A CUP can only be granted for RVs between 28 and 34 feet in length. If the City Council agrees with the Planning Commission's interpretation of the Zoning Code, the CUP cannot be approved due to the RV's length. The applicant cannot apply for a variance from the Zoning Code because it would be considered a "use variance," which is not permitted by State Statutes. A city cannot grant a variance for a use that is not permitted in a particular zone. Instead, the Zoning Code would need to be amended to permit R V s greater than 34 feet in length. At the Planning Commission meeting, the applicant submitted a packet of information regarding measuring RV length. A copy of that packet and a letter from the applicant are included in Attachment 7A-3. The camper is currently parked in the northwestern comer of the rear yard, and it is enclosed by a neutral colored cover. If this CUP application is denied, the property owner will need to remove the RV from the property or enclose it in a structure. Code Enforcement Timeline For reference purposes, the Building Official and Code Enforcement Officer prepared the below code enforcement timeline in this case: . November 16, 2006: The City received a complaint regarding a large RV in the rear yard of 3631 Pascal Avenue. November 17, 2006: The City notified Karin & David Hagen in a phone conversation that the RV appeared too large to be parked outside in Arden Hills. November 30, 2006: The Building Official and Code Enforcement Officer met Mr. Hagen at the property to discuss the code enforcement issues and to measure the length of the RV. The RV was measured at 37' 11" from end to end. The official manufacturer specifications for the RV were requested from Mr. Hagen. December 4,2006: The City sent Mr. and Mrs. Hagen their first official notice regarding code enforcement issues at the property. The manufacture's specifications for the RV were not submitted to the City. The manufacturer lists exterior length of the RV at 37' 11 ", which was obtained from the company's web site. . . . \\Metro-inet.uslardenhillsIPlanninglPlanning Cases\2007\07-006 Hagen CUP (PC DENIAL)\043007 - CC Report - Hagen CUP.doc Page 2 of 4