05-22-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 8,2017 7:00 o'clock p.m. 13. #17-3911 LAKE WEST DEVELOPMENT, LLC, 3245 WAYZATA BOULEVARD WEST, ZONING CODE TEXT AMENDMENT — ALLOW INTERIM/TEMPORARY USES — Continued Printup asked what the process would be if there are violations, such as fill coming from outside the City and the City is considering ending the use. Mattick stated the person would be entitled to a public hearing and that Staff could not administratively revoke or suspend the permit. The Council could revoke the permit following a public hearing if there is a single violation. The City could also issue a letter to the property owner requesting they stop a certain activity. Printup asked if there have been cases in other cities where their interim use permits have been revoked. Mattick indicated he is not aware of any litigation. Mattick stated in his view 1UPs are underused by cities. Mattick noted the use is not meant to be there forever and the City has wide latitude on what conditions it would like to impose. The use is also not grandfathered under an 1UP. Walsh commented it gives the City a good tool to use that helps residents use their land a little more. Mattick stated the more common uses are such things as gravel pits or other intensified uses but it can also be used in redevelopment zones. Mattick stated it gives the City a very flexible tool to use. Walsh noted it also gives the City the ability to test different uses. Printup commented it almost sounds too good to be true and that he questions whether the City can deny the use on one property if it is allowed on another. Mattick noted the use does not have to be allowed in all residential zones and that certain setbacks could be required. Mattick noted the area could also be rezoned to eliminate the interim use. Walsh stated the underlying conditions would help limit where the use can go but that it does provide the City the ability to allow residents to use their properties in different ways. Crosby asked whether any of the neighboring cities utilize interim use permits. Gaffron stated he is not aware of any right now but that Maple Grove has utilized 11JPs. There were no public comments regarding this item. Gaffron stated the Exhibit A ordinance can probably be adopted as is. As far as Exhibit 13, which is the RR-lB district, there are some question marks on whether they should be included that have been highlighted by Staff. Gaffron noted under Item 1, there is a question whether the facilities should be associated with adjacent government-sponsored public road construction. Page 9 of 34