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Regular Planning Commission Meeting Minutes – Wednesday, May 02, 2012 Page 3 reasonable advancement of screening on the existing fence for height and screening 92 material to bring the existing non-conforming fence into existing Code standards. 93 Mr. Lloyd reviewed the process used to evaluate criteria as detailed in Section 5 of the 94 staff report; and subsequent recommendation by the Planning Division for APPROVAL of 95 the proposed CONDITIONAL USE, as detailed in Section 7 of the Request for Planning 96 Commission Action dated May 2, 2012. 97 Member Olson advised that he would be recusing himself from the discussion and vote 98 on this item due to a potential conflict of interest; and was duly noted by Chair Boerigter. 99 Mr. Lloyd clarified that the purpose of the Conditional Use was specific to the outdoor 100 storage of a bus fleet similar to that of the current non-conforming use for storage of truck 101 trailers, and not allowing for outdoor storage of granular materials or other prohibited 102 materials not allowed under City Code. 103 Chair Boerigter asked if the Commission were to approve the Conditional Use for outdoor 104 storage of the bus fleet that may be revoked in the future due to non-compliance, would 105 the property owner have the right to revert use to store trailers as a continuing non- 106 conforming use; or would this Conditional Use supersede that previous use since it is 107 essentially a different use. 108 Mr. Lloyd advised that if this Conditional Use was approved, and for any future reason, it 109 was revoked or went away if not used, any subsequent use of the property for outdoor 110 storage would not be grandfathered in and the property would lose its non-conforming 111 status. 112 Chair Boerigter sought to make sure that status was very clear to the property owner 113 and/or applicant(s). 114 While not addressed in the staff report, Mr. Lloyd advised that it was the general nature of 115 approvals such as this and abatement of non-conformities, that once they were removed, 116 the use of the property went away (e.g. use for truck storage) as it was no longer 117 protected as a non-conforming use. 118 Chair Boerigter sought to ensure that switching from truck trailers to buses eliminated the 119 non-conforming use and provided the City with more powers, since it’s current powers 120 related to the non-conforming use were limited, and the Conditional Use provisions 121 should provide the City with some benefit through a clear agreement that if this 122 Conditional Use is approved and the property owner/applicant did not comply, they would 123 lose their ability to use the property in the previous way as a non-conforming use. 124 Mr. Lloyd advised that the staff would ensure that this was made very clear in the revised 125 staff report when it went before the City Council with the Planning Commission’s 126 recommendation; as well as through language of the formal resolution for review and final 127 consideration by the City Council to convey Conditional Use approval. Mr. Lloyd noted 128 that there were provisions in the City Code that clearly stated that if conditions on a 129 property fail to meet code requirements, the City could begin the process to revoke a 130 non-conforming use. 131 Chair Boerigter sought yet again to ensure that there would be no future issues, since 132 this property had a history of non-compliance; and he, nor the City was interested in the 133 property reverting back to truck trailer storage and non-mown grass; and spoke in 134 support of this Conditional Use allowing the City more control since that previous non- 135 conforming use no longer existed, created the above-referenced issues. 136 Mr. Lloyd assured Commissioners that this Conditional Use allowed much better controls 137 for the City, since the property would lose its current grandfathered characteristics. 138 Member Cunningham asked if staff had provided legal notice to Saint Anthony Village, as 139 an adjacent property holder, allowing for their comment. 140