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5/29/2014 9:31:30 AM
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Planning Files
Planning Files - Planning File #
08-041
Planning Files - Type
Interim Use Permit
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4.O BACKGROUND <br />4.1 The property at 1700 Highway 36 has a Comprehensive Plan designation of Business (B) <br />and a zoning classification of Limited Business District (B-1). <br />4.2 This ItvTE[ttn�t UsE PE[t1vt�T (IUP) request has been prompted by the applicant's desire to <br />construct an accessory structure on the property. <br />S.O INTERIM USE PERMIT APPLICATIONS <br />Section 1012.09 (Interim Uses) of the City Code establishes the regulations pertaining to <br />INTERIM USE PERMITS. <br />5.1 Section 1012.09A states: The City Council may authorize an interim use of properry. <br />Interim uses may not be consistent with the land uses designated on the adopted Land <br />Use Plan. They may also fail to meet all of the zoning standards established for the <br />district within which it is located. <br />5.2 Section 1012.09B states: The City Cotencil may attach conditions to Interim Use Permits. <br />In reviewing Interim use Permit applications, the City will establish a specific date or <br />event that will terminate the use on the property. The Council will also determine that the <br />approval of the interim use would not result in adverse effects on the public health, <br />safety, and general welfare, and that it will not impose additional costs on the public if it <br />is necessary for the public to take the property in the future. <br />6.O STAFF COMMENTS <br />6.1 Although § 1005.015 (Business District Uses) does not limit the number of principal <br />structures on a business property, it prohibits accessory structures like storage sheds. For <br />this reason the IUP is necessary to allow a 10-foot by 20-foot gazebo to provide a shelter <br />for visitors and for employees taking breaks. One of the goals of the proposed gazebo is <br />to provide a sheltered area so that employees who smoke have somewhere to go beyond <br />the main entrances. <br />6.2 As noted above, the zoning regulations currently prohibit accessory buildings in business <br />districts, but staff believes that accessory structures needn't be categorically excluded <br />from commercial properties and that such structures could be permitted or conditionally <br />permitted in specified business districts. In anticipation of a major update of the Zoning <br />Ordinance in 2009, subsequent to the adoption of the 2030 Comprehensive Plan, staff has <br />directed the applicant to seek an IUP; if approved, this gazebo would be allowed to <br />remain until the expiration of the IUP unless gazebos like the one being proposed are <br />allowed by the updated zoning regulations — in which case the applicant would be able to <br />seek more permanent approvals at that time. <br />6.3 The site plan (see Attachment C) indicates 3 possible locations for the proposed gazebo. <br />Location A is the original proposal; Location B reflects a suggestion that was made <br />during the open house, and the applicant is willing to site the gazebo there. Location C <br />also reflects a suggestion from one of the open house attendees, but the applicant is <br />concerned that such a location adjacent to one of the site entrances would be a traffic <br />hazard. Planning Division staff supports Location B as being perhaps more preferred by <br />the surrounding property owners and being a reasonable and safe location with respect to <br />the subject property as long as it does not extend beyond the nearby curb island into the <br />adjacent drive aisle. <br />PF08-041 RPCA 110508 <br />Page 2 of 3 <br />/"� .•+� <br />
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