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I I I Council Meeting Minutes September 28, 1993 Page 5 Council Business. continued Benke asked when would Council specify a date or event by which the interim use must be terminated. Mattila said the process is similar to a special use permit, and Council could specify a date for termination. Gunderman voiced his opposition to the ordinance, and feels this is a dramatic step in the wrong direction in regards to the City's housing stock. Motion by Rebelein, seconded by Larson, to WAIVE THE READING AND GIVE A FIRST AND SECOND READING AND ADOPT THE ORDINANCE CREATING AN R-3BI, INTERIM USE DISTRICT. 4 Ayes - 1 Naye (Gunderman), Motion Carried. Mattila presented site plan review and a nonconforming use permit to construct a 6,400 sq. ft. water treatment and maintenance facility on the Bell Lumber and Pole site. Bell Pole is a permitted use within the 1-2 District, however, the site is in violation of exterior storage setback standards and is considered a Type IV nonconforming use. To build a water treatment and maintenance facility, Bell Pole must gain site plan and nonconforming use permit approval. The purpose of the nonconforming use permit process is to bring existing land uses with nonconformities into compliance. If a Type IV nonconforming use wishes to expand or make changes to its building or site, the process provides mechanisms to require existing nonconformities to be corrected. The pole storage area north and south of 1 st St., east of 8th Ave., and east of Old Highway 8 are of major concern. The City's standards would cause the poles abutting right.of-ways to be setback 40 feet. The Planning Commission recommends approval of the site plan and non- conforming use permit. Barr Engineering is conducting an environmental study on superfund City sites, and it may be in the City's best interest to defer any decision on the Bell Pole proposal until the study is completed. Gunderman verified with staff that a two week deferral would be adequate. Mattila said the applicant has requested to begin construction as soon as possible due to weather conditions. However, the required Rice Creek Watershed permit will not be issued until October 9. Benke asked if the outside storage provision is the basis for the 40 ft. setback and does it apply to fences. Mattila responded affirmatively and said if the City enforced the fence ordinance, the existing fence on 1 st St. would need to be moved 40 ft. to the appropriate setback line. However, the fence may remain on the property line along Old Highway 8 and 8th Avenue NW. Mattila said half of the proposed addition would house the storage of tanks and equipment used for the treatment of underground water. The other portion would be used for maintenance and internal fueling of vehicles. Council Business Interim Uses Zoning Ordinance Report 93-272 Bell Pole Nonconforming Use Permit Report 93-273