2012_0521_Packet as amended - Laserfiche WebLink

Home

PLANNING FILE 12-006 1 Request by Minnehaha Transportation, Inc. for approval of outdoor storage of bus fleet vehicles 2 as a CONDITIONAL USE at 2507 Walnut Street 3 Chair Boerigter opened the Public Hearing for File 12-007 at approximately 6:56 p.m. 4 Associate Planner Lloyd briefly summarized the request to operate a school bus dispatch and 5 maintenance facility if OUTDOOR STORAGE of the bus fleet is approved as a CONDITIONAL USE. Mr. 6 Lloyd displayed the aerial photo of the site that had been inadvertently omitted in the staff report. 7 Mr. Lloyd advised that the property had an existing, non-conforming use (outside storage of trailers) 8 having gone through various iterations of approval in the past; however, there was nothing making 9 today’s use conforming and this would fall under the category of another non-conforming use, specific to 10 the outdoor storage and need to install screened fencing around that outdoor storage area or perimeter, 11 since the existing fence was an existing, non-conformity yet to be addressed after the potential use 12 approved as a Conditional Use. Mr. Lloyd advised that staff and the applicant would determine a 13 reasonable advancement of screening on the existing fence for height and screening material to bring the 14 existing non-conforming fence into existing Code standards. 15 Mr. Lloyd reviewed the process used to evaluate criteria as detailed in Section 5 of the staff report; and 16 subsequent recommendation by the Planning Division for APPROVAL of the proposed CONDITIONAL 17 USE, as detailed in Section 7 of the Request for Planning Commission Action dated May 2, 2012. 18 Member Olson advised that he would be recusing himself from the discussion and vote on this item due 19 to a potential conflict of interest; and was duly noted by Chair Boerigter. 20 Mr. Lloyd clarified that the purpose of the Conditional Use was specific to the outdoor storage of a bus 21 fleet similar to that of the current non-conforming use for storage of truck trailers, and not allowing for 22 outdoor storage of granular materials or other prohibited materials not allowed under City Code. 23 Chair Boerigter asked if the Commission were to approve the Conditional Use for outdoor storage of the 24 bus fleet that may be revoked in the future due to non-compliance, would the property owner have the 25 right to revert use to store trailers as a continuing non-conforming use; or would this Conditional Use 26 supersede that previous use since it is essentially a different use. 27 Mr. Lloyd advised that if this Conditional Use was approved, and for any future reason, it was revoked or 28 went away if not used, any subsequent use of the property for outdoor storage would not be 29 grandfathered in and the property would lose its non-conforming status. 30 Chair Boerigter sought to make sure that status was very clear to the property owner and/or applicant(s). 31 While not addressed in the staff report, Mr. Lloyd advised that it was the general nature of approvals such 32 as this and abatement of non-conformities, that once they were removed, the use of the property went 33 away (e.g. use for truck storage) as it was no longer protected as a non-conforming use. 34 Chair Boerigter sought to ensure that switching from truck trailers to buses eliminated the non-conforming 35 use and provided the City with more powers, since it’s current powers related to the non-conforming use 36 were limited, and the Conditional Use provisions should provide the City with some benefit through a 37 clear agreement that if this Conditional Use is approved and the property owner/applicant did not comply, 38 they would lose their ability to use the property in the previous way as a non-conforming use. 39 Mr. Lloyd advised that the staff would ensure that this was made very clear in the revised staff report 40 when it went before the City Council with the Planning Commission’s recommendation; as well as through 41 language of the formal resolution for review and final consideration by the City Council to convey 42 Conditional Use approval. Mr. Lloyd noted that there were provisions in the City Code that clearly stated 43 that if conditions on a property fail to meet code requirements, the City could begin the process to revoke 44 a non-conforming use. 45 Chair Boerigter sought yet again to ensure that there would be no future issues, since this property had a 46 history of non-compliance; and he, nor the City was interested in the property reverting back to truck 47 trailer storage and non-mown grass; and spoke in support of this Conditional Use allowing the City more 48 control since that previous non-conforming use no longer existed, created the above-referenced issues. 49