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Planning Commission Meeting Minutes – Wednesday, January 07, 2009 Page 5 viable; and suggested that the applicant return after one (1) year advising the Commission and City Council of other mitigating factors depending on the economic climate. Commissioner Doherty advised that he was willing to let such a use apply for one (1) year, but not for five (5) years. City Planner Thomas Paschke advised that trailers on site would not be screened; and opined that whether there was one (1) container, or 225, a trailer was simply a box with wheels. Mr. Paschke opined, from staff’s perspective, he was not sure if there was a need for screening of the trailers, allowing flexibility for the applicant; but noted that outdoor storage was an entirely different matter. MOTION Member Bakeman moved, seconded by Member Doherty to RECOMMEND APPROVAL of an INTERIM USE PERMIT for Joel McCarty, owner of the property at 2750 Cleveland Avenue, to allow temporary outdoor storage of a MAXIMUM OF TWO HUNDRED TWENTY-FIVE (225) semi-truck trailers AND/OR UNSTACKED ; based on the comments and findings of Sections 5 and 6, and the CONTAINERS recommendations of Section 7 of the project report dated January 7, 2009; and CONDITIONS OF APRPOVAL as revised and dated January 7, 2009, attached , and detailed in the bench handout; and hereto and made a part thereof recognizing the comments in writing from Tom Noble of Cent Ventures LLC, and subsequent staff comment via e-mail dated January 7, 2009; and further AMENDED AS FOLLOWS by makers of the motion and acceptance of a friendly amendment: Access to this site shall be from Cleveland Avenue only; ? The applicant acknowledges, as discussed at tonight’s meeting, that issuance ? of the IUP serves to eliminate any potential uses identified or apparent as non- conformity issues as defined under Minnesota State Law; with staff directed to review language of the conditions of approval with the City Attorney to ensure clarity for all parties of intents and expectations; Outside storage uses shall be prohibited without further review of the IUP; ? Storage shall consist of only EMPTY trailers and/or EMPTY containers (known ? as land/sea storage/shipping containers) Mr. Trudgeon advised that he would review with the City Attorney, and seek advice to provide understandable language in a format to ensure that the applicant and City staff are in agreement and clear as to the intent that the IUP will guide future uses, and no other non-conforming uses will be considered; that the IUP will initiate future uses from this point forward. Commissioners concurred and by consensus, clarified to the applicant that if this IUP was granted, use restrictions are enforceable and the applicant was clear that they were giving up their right to assert any previous or perceived non-conforming use or their continues use after the expiration of the IUP. Commissioner Boerigter spoke in support of the motion; however opined that a longer term may be appropriate, suggesting three (3) years rather than five (5) years; based on the limited use and space available on the site for some period of time before it could be marketed and/or developed. AMENDMENT TO THE ORIGINAL MOTION Member Boerigter moved, seconded by Member Wozniak, to modify the condition of the original motion to allow the IUP to be valid from the day after it is approved by the City Council for a term of three (3) rather than two (2) years. [Amendment to the Original Motion] Ayes: 4 (Best; Martinson; Wozniak; Boerigter) Nays: 3 (Gottfried; Doherty; Bakeman) Motion carried.