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Regular Planning Commission Meeting <br />Minutes – Wednesday, July 10, 2013 <br />Page 12 <br />so it can be considered viable by getting around state law. Member Daire further opined that this <br />564 <br />would be an appealing option for a developer or property owner if one consequence of the <br />565 <br />proposed permit process allowed extension of the time period to find a tenant and get around the <br />566 <br />one (1) year timeframe for nonconforming uses. If that was the case, Member Daire advised that <br />567 <br />he wasn’t sure if this didn’t create legal questions of a different nature. <br />568 <br />On an unrelated note, Member Daire opined that if properties along the south side of County <br />569 <br />Road C were zoned for HDR next to a rail line, he would seriously question that designation. <br />570 <br />Mr. Lloyd clarified that the location referenced by Member Daire, and that rail corridor, had for <br />571 <br />some time (off and on) been considered a likely location for a transit line or connection. <br />572 <br />Member Daire recognized that distinction if that was the situation, referencing his previous work <br />573 <br />during his planning career on the Light Rail Transit system, and opined that this would then be a <br />574 <br />prime location for HDR. <br />575 <br />If the goal was to encourage turnover of a property to its new use, Chair Gisselquist questioned if <br />576 <br />the proposed nonconforming use permit would only serve to prolong that turnover and allow the <br />577 <br />owner to limp along with that permit and any extensions. Chair Gisselquist questioned at what <br />578 <br />point the City lost the incentive to get them to turn the land over for the newly desired zoning <br />579 <br />classification and use. <br />580 <br />Mr. Lloyd recognized that as a fair point; noting that it was a matter of finding a balance between <br />581 <br />achieving redevelopment goals for an area, while not making a former industrial property an <br />582 <br />anchor around a property owner’s neck with him still required to pay taxes, but not able to find a <br />583 <br />tenant. Mr. Lloyd clarified that an important distinction would be to not allow any expansion of the <br />584 <br />facilities in question, while the tenant spaces could be refinished as necessary but not expanded <br />585 <br />to limit any investment in a property that should be changing in the near future. <br />586 <br />When the Comprehensive Plan was being drawn up envisioning these major changes, Member <br />587 <br />Murphy questioned if any thought had been given to a transition plan from one use to another <br />588 <br />extremely different one and within a certain time period. Member Murphy opined that the City <br />589 <br />should be straightforward and erect a firm goal line and incent property owners to begin that <br />590 <br />transition. <br />591 <br />Mr. Lloyd responded that some sort of timeframe, with an approved, nonconforming use permit, <br />592 <br />could be appropriate, possibly by using the existing Interim Use Permit process and its related <br />593 <br />timeframe. Mr. Lloyd noted that efforts of a property owner being granted approval for an Interim <br />594 <br />Use Permit were quite high; and questioned if this should this be a lower effort or if it was <br />595 <br />inappropriate to carry on. <br />596 <br />Member Murphy suggested, as part of a nonconforming use permit, that the property owner be <br />597 <br />asked to provide a history or transition plan. <br />598 <br />Mr. Lloyd responded that there was nothing similar, from a policy standpoint, for Interim approvals <br />599 <br />at this time. <br />600 <br />In the spirit of this request by staff for direction-setting, Member Boguszewski concurred with <br />601 <br />Member Murphy that there should be a time limit or set number of times a property owner could <br />602 <br />request such a “sequential re-grandfathering permit.” Member Boguszewski concurred with Chair <br />603 <br />Gisselquist that presumptively the Comprehensive Plan and Zoning Code reflected the will of <br />604 <br />Roseville citizens in general, indicating that a prior permitted use no longer served the best <br />605 <br />interests of the community. <br />606 <br />From another perspective, Member Boguszewski recognized Member Daire’s comments and a <br />607 <br />property owner unable to lease a property and therefore needing it to revert to its previous use. In <br />608 <br />his initial review of this request, Member Boguszewski advised that he was surprisingly and <br />609 <br />unexpectedly pro-owner. However, Member Boguszewski cautioned that there needed to be a <br />610 <br />clear awareness of uses flying counter to the overall intent of the current Comprehensive Plan, <br />611 <br />and clearly eliminate those more intense uses from the residential heart of Roseville. <br />612 <br />Mr. Lloyd recognized that as a fair point as well; since staff had not yet discussed specific <br />613 <br />geography; opining that there may be places or examples where something that was an easier <br />614 <br /> <br />