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f» t;a �F 66 c;� �� �.;, �c � ;�, � � • removal or cessation of the nonconforming use would effectively put the business owner out of business. 6.2 At this point, the City is faced with the ongoing challenge of regulating a nonconforming use which, by definition, is already outside of the City's regulations. Until this spring, equipment and vehicles that were unrelated to MIDC's business were also being stored on the property, and the applicant has cooperated with Roseville's Code Enforcement staff to remove those materials from the property in preparation for this application; current photographs of the property are included with this staff report as Attachment D. Through the rtvTExIM usE approval process, the City and the property owner can formalize the requirements and expectations on the property in a way that provides more certainty for the property owners, more clarity for the neighbors, and a greater ability for the City to enforce the approved provisions. 6.3 Interim uses typically represent departures from what is allowed by the normal zoning requirements; in this case, the outdoor storage is inconsistent with the existing I-1 zoning and the Comprehensive Plan land use designation. Temporary approval of the t1vTER�1vt usE can ensure that the approval expires on a pre-determined date or when the use is discontinued, whichever comes first. Since MIDC has occupied the property for a long time and intends to remain for the foreseeable future, Planning Division staff recommends approving the �NTERt1v1 uSE with the maximum duration of 5 years. If the respective owners of the business and of the property agree that the use should continue beyond the 5-year limit, they may apply for renewed approval of the ttvTERIM USE. 6.4 The site plan illustrating the proposed arrangement of irrigation supplies and delivery vehicles, included with this staff report as Attachment E, shows a 20-foot separation between the existing fence and the proposed stacks of pipe material. Outdoor storage uses in General Industrial (I-2) Districts are required to be screened to a height of at least 8 feet by opaque fences or walls. The existing fence meets that height standard and has the 20-foot setback from the rear property line required by the village Council in the 1963 SUP. The record doesn't provide clear information about why the 20-foot setback was required for the fence, but it seems to complicate the maintenance of additional, taller vegetative screening south of the fence. Under the circumstances, however, perhaps the most reasonable alternative is to require the applicant to work with City staff, including the staff arborist, to determine the type, number, and location of plantings to create adequate vegetative screening between the fence and the materials stored on the property. " �, %.O PUBLIC HEARING �� The duly-noticed public hearing for this application was held by the Planning s� � Commission on May 5, 2010; draft minutes of the public hearing are included with this ��t� staff report as Attachment G. The bulk of the conversation focused on the ongoing s;:; struggles of screening and regulating the nonconforming outdoor storage use and � o;; determining how best to provide adequate screening into the future. In addition to the i o' public comment provided at the public hearing, written communications received prior to � c:� the public hearing are included with this staff report as Attachment F. � o:� 8.0 1(',' i:, RECOMMENDATION Based on the comments and findings outlined in Sections 4-7 of this report, the Planning Division concurs with the recommendation of the Planning Commission to approve the PF10-014_RCA_052410 (2).doc Page 3 of 4