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10-25-2004 Council Packet
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10-25-2004 Council Packet
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n:) <br />MEMORANDUM <br />To: <br />From: <br />Date: <br />Subject: <br />Chair Rahn and Planning Commissioners <br />Mike Gaffron, Planning Director <br />October 1, 2004 <br />#04-30246 Proposed Zoning Code Amendment: Section 78-lS77(c) <br />- Consider CUP for Vehicle Storage (>14,000 lbs GVVV) on Residential Property <br />Attachments <br />A - Revised Draft (10*1-04) Revisions to 78-1577 <br />B - Memo and Exhibits of September 17,2004 <br />At your September 20 meeting. Planning Commission reviewed and then tabled the draft ordinance <br />amendment for allowing large vehicle storage as a conditional use. Your comments included: <br />-the CUP should be tailored to the specific cuiTent ow ncr and vehicle, and should not be a right <br />that goes with the propeily when its sold; and <br />the owner should be able to replace the vehicle in kind, but not add vehicles. <br />I have drafted language that adds these provision, and it’s being forwarded io the City Attorney for <br />comment. Hopefully I will have his thoughts on it for the work session. <br />‘Pemtit” Option for Consideration . <br />Despite tlie City Attorney ’s conclusion that a CUP is tne appropriate tool for dealing with the existing i«ers, <br />staffis still reluctant to define large vcliiclc parking by pre-existing users as a ‘conditional use’, because tlie <br />CUP is usually reserved for activities that are generally acceptable in a district and applicable to any <br />property. Further, because a CUP generally goes with the property, not the applicant, offering it only to <br />current users for their current vehicles would seem to be a misuse of the CUP. <br />So, what haven’t we tried yet? 1 low about simply a one-time ‘large vehicle parkingpennit’ that can be <br />revoked if at some future time the required conditions are not met. We would use the same set of <br />conditions as we would have established for the CUP, including the limitation to only pre-existing users, <br />but sunply require a permit rather than a CUP. The review process would be administrati\ e, not invoU ing <br />PC or Council, nor requiring a public hearing, although an option would be to require tliat these be <br />reviewed by Council before issuance. A possible downside is the lackofnotification to neiglilxirs if there <br />is no hearing process. If an applicant was denied by staff because one or more conditions could not be met, <br />this could trigger a public hearing. <br />Submitted for vour consideration...
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