City Council Minutes 1999 06 15 - Laserfiche WebLink

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Keany questioned whether a time limit could be placed on how long the temporary structure could remain at this location. Sam Light, City Attorney, explained that to the extent G.E. Enterprises has an existing Special Review Use Approval, Council is attempting to determine whether the increase in intensity of that use is 'development' that would trigger a PUD process. He stated that they do have a Special Review Use that has been approved, therefore, it is a legally conforming use as a Special Review Use. He stated that, to the extent they have gone beyond the bounds of the prior approval, the question is whether there is development occurring, which triggers a PUD process. He asked Gray whether the trailer was separately titled and taxed. Gray replied, yes. Light explained that it would then be treated as personal property. He suggested that Council place a condition of approval that the trailer will always be personal property, the title to the trailer will never be purged, and the trailer will never be affixed to the ground. This would prevent the trailer from becoming an improvement, a fixture, or part of the real property. He explained that this does not address the question of whether a trailer can be part of a Special Review Use approval. However, he stated that it might dovetail into the issue of the Planning Department' s determination that this is a temporary trailer and is perhaps, not development that triggers a PUD process. Gray stated that he understood Council's predicament. He explained that, in real terms, they expect the property to be redeveloped in the near future. He stated that they have been a good corporate citizen for a long time and it might make more sense to relocate the business in the future. He questioned if Council could provide an indication as to how long it might be before the property is rezoned. Davidson replied that it could be anywhere between two months and ten years from now. Lathro~ moved that Council approve Resolution No. 32, Series 1999 - A Resolution Approving An Amended Special Review Use Application for G.E. Enterprises at 1315 Cannon Street, Lots 2, 3, and 4, Block B, Industrial Area Subdivision with an additional condition number four to read: That the office trailer be personal property for the duration of the Special Review Use permit. Seconded by Keany.' Light offered friendly amendments that condition number four be renumbered to condition 'number three, and that the statement in the last 'whereas' clause of the Resolution be rephrased from Final PUD Development Plan to Amended Special Review Use. In addition, he offered a friendly amendment that condition number three read: That 26