10-25-2004 Council Packet - Laserfiche WebLink

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r Large Vehicle Storage CUP August 26,2004 Page 2 If the perfomiance standards established by code are met, the Council generally must grant the v^UP. Therefore, to ensure that the possible negative impacts of a given conditional use are addressed and accomrted for, theperfomiance standards must be carefully crafted. Also note that CUP’s are issuedfov a particular use, not for a particular person. If a property owner is granted a CUP, the CUP goes with the pi opeilv and a new owner can continue the use if all the original condition: sre met. Wehave not to date considered ‘ large vehicle storage ’ as a ‘use’, but merely as an ancillary aC ivity that occiu's along with the principal use of aproperty. Establishing ‘large veliicle storage ’ as a condi.ional use may open up a Pandora’s Box of unanticipated consequences and resident expectations. Ai. amendment of the code to pemiit large vehicle storage as an allowed conditional use in the 2-t.cre and 5-acrc zones will send the message (and likely be legally constnied) that such storage is generally acceptable in those zones, subject to meeting the performance standards. But if the perfonnance standards then provide limitations so strict that few properties can qualify for the CUP, perhaps we shouldn’t be allowing the use via CUP. The risk is that we will be pressured to giant variances from one or more of the perfonnance standards. For example, we probably should not allow storage of large vehicles in the 2-acre zone via CUP if one of the performance standards is to have a 5-a:re lot, since a majority of 2-acre zone properties won’t meet the 5-acre standard. Can such a CUP legally be made available only to existing users? We will be requesting a legal opinion on tliis question. If a conditional use (read “permitted use with conditions”) is established with a limitation that prohibits any new users, that suggests the use really is act appropriate in the district, and should not be a conditional use because it is not available to any property that meets the established conditions. The bottom line maybe that a use you believe is generally unacceptable within a zoning district should not be listed as a conditional use. “...the question about the right to the use isbasically off the table. It is a matter of how the use may be modified, or its adverse characteristics may be mitigated ” (Shardlow). Conditions or Performance Standards If“Parkingor storage ofa vehicle in excess of 14.Q00 IbsGVW” is listed as a conditional use in the 2-acre and 5 -acre zones, any property which meets the listed conditions for such use would have to be granted a CUP. In order to attach appropriate conditions or performance standards to this use, we should fust identify the potential negative impacts oftiie use on the neighborhood. These might include the following: - Noise (from operation as well as maintenance of vehicle) - Vibration - Glare • Odors ____________j