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r <br />To: <br />From; <br />Date: <br />Chair Smith and Planning Commission Members <br />Mike Gaffron, Senior Planning Coordinator /), , <br />August 14, 1998 <br />Subject: Proposed "Interim Use" Ordinance <br />List of Exhibits <br />A - Revised version of proposed ordinance <br />B - Memo and Exhibits of August 4, 1998 <br />At yo^ August 14 work session, the Planning Commission members present voted unanimously to <br />omit the requirement that the City create a list of allowed Interim Uses. You indicated you would <br />prefer to follow the Roseville model and leave it entirely to the Council’s discretion as to whether <br />a proposed use is acceptable on an interim basis. While this provides only minimal direction to the <br />property owner or potential users, it gives the Council an unlimited set of options <br />In reviewing this ordinance with City Attorney Tom Barrett, he has indicated that while a list of <br />allowed mtenm uses apparently is not strictly required. Planning Commission and Council should <br />give some thought to potentially opening a pandora's box of non-residential uses in our primarily <br />residential zones. The legal issue is not so much that of a neighbor's right to protection via zoning <br />limitations, but that if all relevant factors are the identical, a neighboring property would have to be <br />allowed the same interim use. I think his bottom line is that there is some merit in having a list, <br />because It would protect the Council from having to respond to an unlimited range of potentially <br />unfnendly uses. © j <br />^ J redrafted to omit the requirement for a list. A public hearing has been <br />scheduled for Monday’s meeting and must be opened for public comment. After the hearing. <br />Planning Commission should take a final vote of recommendation to the Council. <br />Staff Recommendation <br />Approval of the attached Interim Use ordinance, specifying whether language requiring a list of <br />acceptable interim uses should be required. <br />j (-■ <br />ft':r t <br />••7 <br /><. ..W <br />.0