09-20-2004 Planning Packet - Laserfiche WebLink

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MEMORANDUM To: Ron Moorse \ From: Mike Gaffroi:. Planning Director ‘ Date: July 7, 20C4 Subject: «04-30243 Large Vehicle Storage Zoning Antendmcnl On June 25 Council tabled the Laigc Vehicle Stoi agc eiv.ev.dir.cnt to allow staff additional t.ine ta ir.vestigaie alternatives Under the City ordinanecs existing pr.oi to Dcceiv.hcr 2003. r.aff ;nte.'pie»*d the code to mean that one large vclucic was allowed to be stored ou’side on apiopeity\.ith fewrcstnctions. Under the cuirent code adopted in December 2003, the ability to have a large vehicle stored on a propertyis not a guaranteed rigb.t.nor IS it an 'existing use* that can be "grandfathered" or recognized as a legal non-confcnning use The new ordinance established pcrfonna.KC standavds for storage oflarge vehicles, and to date tltat ordinance docs not contain any language that allows pre-existing storage simations to contuv.ie in a manner that is not conforming While * grandfathering’ provisions could be added to the code, staff is generally againrt such, an action because it requires inv cntoiymg and lecoidkeeping, and docs not solv c p: e-existmg problem situations which the new perfonnance standards were attempting to resolve Thci z may be a small variety of options fer allowing large vch.clcs to be stored unde: cen J.itc:t5 that do not meet the currently cst.'iblislrcd perfoniunc e standards E.xch opfor lias pro's and con’s Tire sc opt.uis may include. 1) revising the perfonnance standards, or 2) granting of a variance to a peifonr.ance standard where the Council f.nds that an "undue hardship" is ptcser.t, or 3) establishing higc vehicle storage as a conditional use with required pciformance standaids, it ccu’dbe wntten st.ch that the perfonnance standards might be relaxed if the negative impacts of such relaxation can be mitigated or are found to be minimal or inconsequential o To date, Council has not revised the performance standards, as there has not been a majonty of Coancilmembers who believe the code should be changed. c With regards to vanar.ces, the Council may allow a property to be used in a m.anner othenvise prohibited by the ordinance by varying one or more of the performance standards of the ordinance, if *ihe Council determines t’nat the lest of "undue hardship” has been met. The statutory dcfiniticn of Undue Hardsltip is: **Undue hardship"... means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls, the plight of the