10-12-1998 Council Packet - Laserfiche WebLink

Home Browse Search

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