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Regular Planning Commission Meeting <br />Minutes – Wednesday, July 10, 2013 <br />Page 13 <br />use for a property owner may not be appropriate for the City or adjacent neighbors where it <br />615 <br />butted up against residential property; making circumstances where the City needed to hold a <br />616 <br />firmer line with previous uses. <br />617 <br />Member Boguszewski suggested that it may be necessary to go with an Interim Use Permit after <br />618 <br />so much time with each use addressed on their own merits on a case by case basis. <br />619 <br />Mr. Lloyd requested additional input on the process itself, whether it should involve administrative <br />620 <br />approval, the Planning Commission or City Council. Mr. Lloyd advised that staff’s only concern <br />621 <br />would be one of time-sensitive issues, with the administrative approach requiring less time than <br />622 <br />the formal public hearing approval process. <br />623 <br />Member Cunningham referenced Section 2.3 of the staff report related to former land uses as a <br />624 <br />basis for what could be done; and suggested that it be laid out more clearly to provide property <br />625 <br />owners an idea of what they could or could not do, thereby reducing time constraints for all <br />626 <br />involved. If the use was reverting back to the old zoning code and permitted uses, an <br />627 <br />administrative deviation may be appropriate, with exceptions for those situations addressed by <br />628 <br />Member Boguszewski, and requiring Planning Commission approval. Member Cunningham <br />629 <br />opined that she could then be comfortable giving up some of the powers of the Commission for <br />630 <br />an administrative approval process, as long as if this was continually happening or after a certain <br />631 <br />number of times or set timeframe, it reverted back for Commission approval. Member <br />632 <br />Cunningham advised that her comments were in recognition of time constraints for property <br />633 <br />owners and/or tenants, since it could take up to three (3) months for the Planning Commission to <br />634 <br />process a decision. However, Member Cunningham questioned if this would open the City up to <br />635 <br />more legal challenges, since the landlord or property owner may not have any control over tenant <br />636 <br />turnover. <br />637 <br />At the request of Member Daire specific to Section 2.3 of the staff report, Mr. Lloyd provided <br />638 <br />rationale for staff including that section as written. Mr. Lloyd advised that to a large degree, the <br />639 <br />proposal contrasts with the Interim Use Permit process, at a minimum by providing a good model <br />640 <br />for tonight’s discussion. However, Mr. Lloyd noted that this demanded that a property owner or <br />641 <br />applicant pick one use or activity for review and potential approval by the Planning Commission <br />642 <br />and City Council. By referring to previous permitted uses on a property, Mr. Lloyd opined that this <br />643 <br />provided a more general and less precise application; and would demand that the property owner <br />644 <br />come to the City less often for changes if they feel into the permitted set of uses, based on <br />645 <br />previous zoning categories. <br />646 <br />Member Daire opined that this had some merit for additional discussion. <br />647 <br />Mr. Lloyd suggested that staff create a draft hybrid of existing process in existing code and how <br />648 <br />they were processes; while taking into account Commission feedback tonight; and then bring <br />649 <br />back a draft for further discussion or creation of an actual ordinance beyond this initial broad <br />650 <br />conceptual discussion. <br />651 <br />Member Boguszewski spoke in support of giving the idea further consideration. <br />652 <br />At the request of Chair Gisselquist, Member Boguszewski concurred with Member Cunningham’s <br />653 <br />suggestions on numbers; with the member consensus also in support of an administrative <br />654 <br />approval process. <br />655 <br />Member Daire offered his support if staff could clearly define options, opining that an <br />656 <br />administrative approval process was probably more desirable than a formal Commission and <br />657 <br />public hearing process. <br />658 <br />Member Murphy suggested that rather than identifying the number of times, once a proposal was <br />659 <br />published, a very clear timeline should be stated and mailed to any and all affected property <br />660 <br />owners to put them on notice of a certain time period to start planning ahead. <br />661 <br />Mr. Paschke offered several comments and considerations from that standpoint. Mr. Paschke <br />662 <br />advised that staff typically didn’t see current landlords or property owners seeking an extension <br />663 <br />for a previous use, with staff usually finding out when the property has been leased for ¾ of a <br />664 <br />year and property owners unable to find tenants under a similar use. Mr. Paschke clarified that <br />665 <br /> <br />