Laserfiche WebLink
Attachment B <br />experiencing a downward economy when you couldn’t predict those situations and <br />tended to create havoc in some zoning areas and before property is ripe for development. <br />While appreciating the flexibility argument, Member Murphy expressed his concern with <br />the open-endedness, even though another date didn’t seem compatible in deriving fixed <br />goals of the comprehensive plan. Member Murphy opined that it was necessary to have <br />that periodic and necessary review of an Interim Use before considering extending it to <br />allow additional public comment and a check for the neighborhood before achieving a <br />longer period of time. By having a long-term date, Member Murphy opined that it shifted <br />the burden to a complaint/adversarial process from abutting property owners. <br />Mr. Paschke expressed his respect for that perspective; however, from his point of view, <br />the Commission and City Council are allowed to identify – on a case-by-case basis – a <br />date when they feel an Interim Use should be terminated; and noted that conditions <br />could be built allowing for a check-back clause for review and determination as to <br />whether the Interim Use was meeting requirements as conditions, no matter the term. At <br />that time, Mr. Paschke noted that the body could determine if additional improvements <br />were needed or the review deadline adjusted or kept as is; thereby providing methods <br />beyond people calling City Hall as is currently done in other situations for other Interim <br />Uses. <br />Lisa McCormack, 2850 Wheeler Street <br />Ms. McCormack advised that she was speaking as an individual and adjacent resident, as <br />well as Chair of the newly-formed Twin Lakes Neighborhood Association. <br />In response to Planning Commission comments, Ms. McCormack advised that she <br />disagreed with the comments of Mr. Paschke as this being only a slight change to the <br />zoning code, opining that it had significant impacts as discussed by individual <br />commissioners. Regarding whether a change in zoning was ever seen and the Interim <br />Use terminated, Ms. McCormack opined that, as alluded, that was the intention all along, <br />with the Interim Use perceived and granted in anticipation of the rezoning, at which time <br />the Interim Use would cease to exist. Based on her perception of the City Council <br />discussion, Ms. McCormack advised that she asked at that time about the renewable <br />aspect of an Interim Use based on whether the bank would accept anything beyond a <br />fixed date or a renewable five year Interim Use. <br />Going back to the entire code, Ms. McCormack opined that it would be remiss to <br />consider this proposed amendment separate from the current application process. When <br />the Vogel application first came up for hearing, Ms. McCormack noted her questions <br />related to the landscape plan, and in reviewing the proposed plans, found them very <br />ambiguous related to the site, landscaping, grading and drainage, and at that time <br />questioned what was required and what was at the discretion of the Community <br />Development Director. In speaking on behalf of the neighborhood, Ms. McCormack <br />assured that they were trying to be reasonable, and expressed their empathy for the <br />unfortunate situation Vogel is now in. However, in her research of City document <br />archives, she found seventy documents, with all of those instances of Interim Uses falling <br />into two categories for temporary uses (e.g. sign permits, State Fair parking, or interim <br />seasonal use) and another for the demolition at Reservoir Woods, all of which she found <br />to make sense. While some other uses were of a longer term, Ms. McCormack noted that <br />it seemed like renewable Interim Uses were used in the place of a Conditional Use, which <br />created a long-standing use in some cases which she found particularly concerning. Ms. <br />McCormack noted one such example was the Minnesota Irrigation Corporation and boat <br />storage along County Road C, both Interim Uses. In the one instance, Ms. McCormack <br />noted that the Interim Use had actually lapsed for almost a decade, and another had <br /> <br />