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2016-10-05_PC_Minutes
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2016-10-05_PC_Minutes
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allowing such storage in the front yard would be inconsistent with previous discussions <br />466 <br />and city code provisions; and was not the type of storage desired in front of buildings. <br />467 <br />At the request of Member Cunningham, Mr. Buss stated their preferred timeframe for a <br />468 <br />decision was between now and next spring, but the sooner the better as they were <br />469 <br />seeking to close on the property with Mr. Anderson. <br />470 <br />As part of their due diligence, Ms. Diehm advised that they had met with city staff and <br />471 <br />submitted an application for a Conditional Use to bring the parcel into conformity, with <br />472 <br />that process underway since July of 2016; with some urgency on their part as they <br />473 <br />attempt to complete this real estate transaction. <br />474 <br />Member Cunningham stated she was uncomfortable with this requested language not <br />475 <br />having been fully vetted by staff; and asked if the applicant was interested in the <br />476 <br />Commission considering what was currently before it or if it was worth it to them to have <br />477 <br />this action tabled and come back for a full discussion next month. <br />478 <br />Ms. Diehm stated their concern was in defining the principle building with three buildings <br />479 <br />on their site; with the other suggestions by her client meant as recommendations. Ms. <br />480 <br />Diehm recognized that the Planning Commission’s vote went before the City Council; and <br />481 <br />if the Commission wasn’t comfortable voting on staff’s recommendations, their client was <br />482 <br />fie working with staff further for presentation to the City Council. Ms. Diehm advised that <br />483 <br />her client was generally supportive of the draft from staff, but with her client’s <br />484 <br />recommended language changes, it would get them closer to where they preferred to be. <br />485 <br />Member Cunningham stated she didn’t have enough information at this time to make an <br />486 <br />educated decision. <br />487 <br />Mr. Paschke opined that he wouldn’t disagree with Mr. Buss that there was language in <br />488 <br />code specific to definitions that could be further reviewed for consistency; however, for all <br />489 <br />practical purposes, it could be bundled and brought back at another time. Mr. Paschke <br />490 <br />questioned if the current code was so sensitive for their process that it was necessary for <br />491 <br />approval before they could move forward. <br />492 <br />Ms. Diehm stated their preference for code allowing their requested language in order to <br />493 <br />resubmit their application. <br />494 <br />Chair Boguszewski asked how the principle building is applied on a multi-building site <br />495 <br />and the vetting process that involved. Chair Boguszewski stated he wasn’t so concerned <br />496 <br />about that, presuming the applicant would file a Conditional Use and at that time, <br />497 <br />agreement on which building was the principle use could be confirmed. <br />498 <br />Member Bull asked Mr. Paschke to render an opinion on that issue, whether or not the <br />499 <br />principle building was one or more, and what was considered an accessory building and <br />500 <br />how that term applied. <br />501 <br />Not as a land use attorney, but in his strict interpretation of city code, Mr. Paschke opined <br />502 <br />that on this site, there were two principle buildings and uses, with the laboratory being the <br />503 <br />accessory building. Mr. Paschke advised that he would consider the building closest to <br />504 <br />the street as the principle building versus those further away, and as such would apply <br />505 <br />code accordingly. At the further request of Member Bull, Mr. Paschke used the displayed <br />506 <br />aerial map related to loading dock activity but not ancillary to the first building, reviewing <br />507 <br />this site in a similar fashion to how buildings are used to make the appropriate <br />508 <br />determination. <br />509 <br />At the request of Member Murphy, Mr. Buss estimated 80 semi-trailers currently on site; <br />510 <br />with a majority coming in for maintenance and standard upkeep as a general operating <br />511 <br />procedure when dropping of their loads (e.g. tires, etc. but not major overhaul). <br />512 <br />Ms. Diehm stated her client was supportive of staff’s fifth condition (Condition D). <br />513 <br />Discussion ensued regarding the definition of “motor freight terminal” in the Industrial <br />514 <br />District in relation to other zoning designations; and as it related to the overall purpose <br />515 <br />statement. <br />516 <br /> <br />
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