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Regular City Council Meeting Monday, May 24, 2010 Page 6 Associate Planner Bryan Lloyd reviewed the request of Minnesota Irrigation Dis- tribution Center (MIDC) for outdoor storage of irrigation system supplies, pur- suant to Roseville City Code, Section 1013.09 (Interim Use) in order to account for existing nonconforming use, as detailed in the report Request for Council Ac- tion (RCA) dated May 24, 2010 Mr. Lloyd reviewed the ongoing screening issue between this commercial proper- ty owner and adjacent residential property owners along the south side, and re- sults of staff and the property owner working together on a resolution, and sub- mission by the applicant of a site plan. Mr. Lloyd advised that progress was being made; reported on the Public Hearing process held at the Planning Commission level and recommended conditions of staff and the Commission; screening objec- tives; planting of Evergreen trees and other plantings, with ultimate review by the City's landscape architect and arborist, with proposed vegetation installed before year-end, with the applicant required to have those desirable planting materials on hand before fall to ensure they will be available for planting at that time. Discussion included the flexibility of a vegetation screen planting plan at the staff level rather than at the City Council level for approval; stipulations and enforcea- ble actions between the City and the applicant, not any private agreements be- ttiveen the adjacent residential property owners and the applicant; possible addi- tion of a condition that such a formal agreement be in place, similar to a shared parking agreement; and noting that the current use if outside City Code, with liti- gation pending on other code compliance issues. Mr. Lloyd noted that the other option, if not an Interim Use, was that this business was no longer able to operate; but that, given the lack of documentation of past records and/or actions, the more feasible legally sound option appeared to be the Interim Use, allowing the City to have the conditions on record and fully enforce- able from this date forward. Community Development Director Patrick Trudgeon reviewed past discussion be- tween the property owner and staff to seek mutual resolution and reasonable ac- commodation without relying on court determination, given that the property has not been in compliance with City Code for decades, but no apparent City action has been taken during that time. Mr. Trudgeon advised that there had been signif- icant improvement on the property, along with those other properties owned along this corridor by the applicant; with the Interim Use allowing the City to more properly regulate any future violations. Further discussion included assurances that the applicant would not clean up the one site at 1450 County Road C and simply relocate items to their other proper- ties; lack of clarification on the status of the court case and potential impacts on the end results; and a review of the sixty-day review period (ending June 7, 2010).