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City Council approves additional-use permit for shipping container at 910 West Liberty
Summary
At its Aug. 11 meeting the City Council voted to grant an additional-use permit allowing a shipping container behind the commercial building at 910 West Liberty Street after a contested public hearing and a split council on neighborhood character.
At its Aug. 11 meeting, the City Council voted to grant an additional-use permit allowing a single shipping container behind the commercial building at 910 West Liberty Street.
City counsel told the council the application had been reviewed by the Planning and Zoning Commission on July 1 and that staff notified property owners within 300 feet; staff received one letter in support. Counsel also read the five statutory criteria council must consider, including whether the proposed container would "substantially increase traffic, hazards, or congestion." Counsel asked councilmembers to answer each of the five questions before deciding.
The council agreed that the container would not substantially increase traffic, create a fire hazard, overtax public utilities or adversely affect the general welfare. Councilmembers were split on whether the container would "adversely affect the character of the neighborhood," with a majority finding no adverse effect and one member saying it would. Planning and Zoning had recommended approval but counsel told councilmembers that Planning and Zoning may need to review the application again in light of nearby residential views.
Staff said the container would sit behind the building and would not be visible from Liberty Street but would be visible to residents immediately south in an R2 residential district. Staff also noted the city’s rules require an additional-use permit to place shipping containers in commercial districts (C2) and that containers are not permitted in residential zones. Staff confirmed the application packet included an enlarged photo of the container and that city rules prohibit adding electricity to such containers.
After discussion the council approved the permit by roll call. The council’s decision allows the container to be placed as described in the application; the motion did not include additional conditions beyond compliance with applicable permits.
Council members, counsel and staff indicated Planning and Zoning’s prior review and the mailed notice to nearby owners were part of the record and that Planning and Zoning could revisit the application if the council requested further review.
