09-20-2004 Planning Packet - Laserfiche WebLink

Home Browse Search

Lirfc Vehicle Storage CUP August 26,2004 Page 2 If the performance standards established by code are met, the Council generally must grant the CUP. Therefore, to ensure that the possible negative impacts of a given conditional use are addressed and accounted for, the performance standards must be carefully crafted. Also note that CUP*s arc issued for a particular use, not for a particular person. If a property owner is granted a CUP, the CUP goes with the property and a new oxsner can continue the use if all the original conditions arc met. We have not to date considered ' large vehicle storage* as a ‘use*, but merely as an ancillaiy activity that occurs along with the principal use of aproperty. Establishing 'large vetiicle storage* as aconditional use may open up a Pandora's Bo.x of unanticipated consequences and resident expectations. An amendment of the code to permit large vehicle storage as an allowed conditional use in the 2*acre and S-acre zones will send the message (and likely be legally construed) that such storage is generally acceptable in those zones, subject to meeting the performance standards But if the performance standards then provide limitations so stnet that few properties can qualify for the CUP, perhaps we shouldn't be allowing the use vi a CUP. The risk is that we will be pressured to grant variances ftom 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 perfomunce standards is to have a S-acre lot, since a majority of 2-acre zone properties won ’t meet the S-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 “permined use xxith conditions") is established with a limitation that prohibits any new users, that suggests the use really is qsI 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 may be that a use >ou beliex e is generally unacceptable within a zoning district should not be listed as a conditional use. **.. .the question about the right to the use is basically 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 “Parking or storage of a vehicle in excess of 14.000 lbs G\*W" 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 atuch appropriate conditions or performance standards to this use, w e should first identify tl^ potential negative impacts of the use on the na^ibtxhood. These might mclude the following: - Noise (from operation as well as maintenaiKe of vehicle) - Vibration • Glare • Odors