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MIMTES OF THE <br />ORONC) PLANMNC; COMMISSION MEKTINO <br />MoMlav. September 20.2004 <br />6:00 o’clock p.m. <br />(#04-3024 Cil>’ofOrooo.CT'Pfur Vehicle SlorsKv -f'mle Amrodmenl,Cootioued) <br />Fnt/lcr inquired whether the gro&s vehicle weight would he cunsidca*d the licenMrd vehicle uctght. <br /><iafTn»n stated it would he <br />Fnt/Jer inquired whether equipment that is nut licensed is also addressed, such as graders and htihcais <br />(iundlach stated if the vehicle or equipnKnt is not licensed for transp«>rtalion over a public roadway, hy <br />state statute it is defined as special mobile equipment, which is the definition that the City follows, <br />(iundlach indicated the equipment would also need tu be stored mdoors. <br />leslie inquired what the City’s definition of nuisance is in a situation such as this, l.eslie mquired <br />whether then; were legal standards that con.stiiute what a nuisance is. <br />(iaffron stated under public nui.sance, as defined in the Municipal Cixle, it includes ’‘maintaining or <br />permitting a condition w hich unrcas«inably annoys, injures, or endangers the safely, health, morals, <br />comfort or repose of any considerable number of members of the public; or inicrfcnng with, <br />obstrueiing. or rendenng dangerous for passage any street, public nghl-of-way. or waters u-sed bv- the <br />public: or any other act or omission declared by law to be public nuisance " (iaffron stated to his <br />recollection the code diK's not specifically define nuisance but only public nuisance. <br />l.eslie inquired whether it is redundant t. ha e nuisance ipc'’ ded within the Cl ’P if there is already a <br />provision fur nuisance. <br />(iaffron pointed out that if it were listed as a public nuisance, it would lessen the language becauM; a <br />greater number of people would need to be a*Tccted and complain about the situation. <br />(iundlach staled in the City’s code there is a provision regarding the maintenance of private proper!), <br />junk, debns. refuge, litter, (iundlach stated that section als<i covrrs noxious weeds and tither public <br />health or safely hazards, (iundach noted that section calls any violation of this section a nuisance and a <br />public and safely hazard, which also is not defined as a public nuisance. Ciundlach suted the provtsiun <br />for storage of junk cars, furniture, inoperable motor vehicles, is also declared to be a nuisance by the <br />environment chapter of the code. <br />(iaffron stated if the Planning Commission would like to use the word nuisance in the proposed <br />language, he would suggest that language be included to say that a violation of this is by definition <br />considaed a nuisance (ialTron suted another option coi I be to add to that section of the properly <br />mainteruTK'e vehicle sitirage that does not meet this proposed language. <br />l.eslie ptiinted out that section cuncnilv e«'sts as a regulation for all property owners, and that in his <br />view another reference to nuisance dsics m>i expand any of the expectations that the (iiy would have on <br />property owners. I.-she stated eliminating Subpomt f does not mean that a nuisance is allowed. It <br />would simply mean that the City is not adding another inierpreution to the word nuisance. Leslie <br />inquired whether in the shared driveway situabon there would be a new agreement that would be <br />required if the conditional use permit is allowed. <br />FACE 4