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Department Approval: DPW/TP VI. D. Agenda Section: HEARING Item Description: Appeal of Community Development Director's decision regarding expansion of pre-existing, non-conforming use by Western Resources and Watkins Trucking, 2560 Long Lake Road. OR Request for Interim Use Permit to operate a trucking storage area within a B-6 Mixed Use Office Park zone (as recommended by the Planning Commission) (PF3485). 1.0 REQUESTED ACTION: l.l Western Resources (owner) and Watkins Trucking, 2960 Long Lake Road have proposed to expand Watkins Truck parking on a separate parcel east of their current operation (see map). The current trucking operation and contiguous parcel are located in the City Code's B-6 zoning district (since 1985). The trucking operation is a pre-existing, non- conforming use within the B-6 mixed use business park district. The Code does not allow for the issuance of permits for new or expanded trucking operations in this zoning district. In addition, Section 1011.04 of the City Code states that when a non-conforn1ing use has been discontinued for more than 6 months, it cannot be re-established as a non- conforming use - the proposed use must conform to the current zoning. 1.2 The applicants (owner and tenant) have requested a permit to grade and expand graveled parking spaces on the vacant contiguously owned parcel. The owner's claim is that the site was previously used for temporary truck parking, not just a rear driveway across the vacant parcel into the existing Watkins site. City aerial photos from 1953, 1974, 1977, 1981, 1985, 1989, 1991, 1996 and 2000 do not show parking on this site. Only a photo (prior to redevelopment) taken in 1970 illustrates truck parking on the site. It appears from the city photos that continuous truck parking was discontinued about 30 years ago (1973 or 1974). The owner, Western Resources states they have parked trailers there since 1974 on a seasonal and overflow basis. 1.3 The appeal of the Community Developer's decision not to issue necessary permits is based on the Board of Adjustments and Appeals City Code Section 1014.04, which requires that such an appeal be handled similarly to a variance, with a hearing by the Planning Commission and a final decision by the City Council. 1.4 In addition, should the City determine that parking expansion on the pre-existing non- conforming site should be approved by interim permit, the staff would use interim use standards for parking in the existing zone (B-6), which grading and proper drainage, packed, dustless gravel; fencing, landscaping screening, ponding as needed, and lighting. PF 3485 - Western Resource Resources 1