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<br />~ A motion was made by Cornrni"Sioner Hovingh, seconded by Cornrni..~ioner Wright, <br />approving Case RZ-94-2, adopting a resolution recommending approval of the draft <br />ordinance, attached as Exhibit A, and forwarding the draft ordinance to the City <br />Council for review at a public hearing. <br /> <br />ROLL CALL VOTE <br /> <br />AYES: <br />NOES: <br />ABSENT: <br />ABSTAIN: <br /> <br />Commissioners Hovingh, Michelotti, Mahem, Wright and Chairman McGuirk <br />None <br />None <br />None <br /> <br />Resolution No. PC-94-17 was entered and adopted approving Case RZ-94-02 as <br />motioned. <br /> <br />e. R&S Lawn Service and Maintenance <br />A detennination of whether a landscape contractor's business, with an office and on-site <br />storage of trucks and equipment, should be considered as a permitted use, a conditional <br />use, or a non-permitted use in the C-C (Central Commercial) District. This <br />determination is related to a specific development application for 201 Spring Street. <br /> <br />Mr. Iserson presented the staff report regarding whether a proposed use is a permitted use, a <br />conditional use or a non-permitted use for a landscape office and on-site storage of trucks <br />and equipment at 201 Spring Street. <br /> <br />The zoning ordinance gives the Planning Commission the ability to make determinations of <br />usage when a proposed use is not specified in the zoning code. The applicant initially <br />requested staff to approve his application categorized as an office use with some ancillary <br />storage in existing sheds on the site. The property now has a residential use in a commercial <br />zone. Staff was prepared to recommend approval of the application because the house was to <br />be used as office space and there would be no outdoor storage. The applicant indicated he <br />wanted to clean up the property, and staff asked to see the proposed changes through a <br />design review. During the design review process, the nature of the proposal changed, and <br />instead of using the existing buildings on the site, the applicant proposed to construct a <br />3,000 sq. ft. garage. The office space changed from being in the house to being located in <br />the garage, and the house was now to be used as a residential rental. Staff has no problem <br />with continued residential use of the house; the issue was whether the applicant's use is an <br />"office" with such a small amount of floor area devoted to the office. Staff felt office space <br />was not the primary use of the property and at that point was unable to make its original <br />finding. Staff feels the Planning Commission should find this use as non-permitted. Staff <br />also feels it is not similar to other uses in the code. <br /> <br />Planning Commission Minutes <br /> <br />Page 12 <br /> <br />April 13, 1994 <br />