[Council Communication]  [Attachments]

Council Communication

Title:	Reconsideration of Armory Conditional Use Permit; Oregon Military Department, PA #2003-105
Dept:	Legal Department
Date:	May 4, 2004
Submitted By:	Paul Nolte
Approved By:	Gino Grimaldi, City Administrator

Synopsis:	Adoption of the attached revised findings would impose different conditions on the Oregon Military Department (OMD) in the operation of non-military activities at the National Guard Armory located on East Main Street. Those changes are more specifically set forth in the attached findings but basically consist of permitting more low impact gatherings as outright permitted uses on the property such as "weight-watchers meetings, gymnastics practices or events, holiday meals, private weddings, birthday parties and anniversaries (and) non-profit events" so long as there is no live music or alcohol served. Commercial uses, with some redefinition, remain subject to the conditions originally imposed by the council. This matter was appealed to the Land Use Board of Appeals (LUBA) by OMD and two persons intervened in support of the city (see below). OMD, the intervenors and city staff have all agreed that the revised findings are acceptable.
Recommendation:	Adopt the revised findings.
Fiscal Impact:	If the case is resolved at this level, many hours of staff time in preparing a brief and arguing the case before LUBA will be saved. Since the case is not significantly complex, the amount of savings would range in the neighborhood of $2,000 to $4,000.
Background:	Council approved a conditional use permit in November 2003 which was requested by the Oregon Military Department for the National Guard Armory located on East Main Street. The permit approval came to the council on appeal by the OMD from the planning commission. OMD appealed to the council seeking a change in certain conditions imposed by the planning commission. Written findings supporting the decision were adopted by the council on December 2, 2003. OMD then appealed the decision to the LUBA on December 23, 2003. Two parties intervened in the LUBA appeal, both in support of the City, Sidney C. Abrahams and Susan P. Rust. At the request of OMD, the intervenors and city staff met with OMD to see if the issues could be resolved short of filing briefs and arguing the matter before LUBA. Negotiations between the OMD and city staff and the intervenors resulted in revised findings to be submitted to the council for adoption.
Attachments:	• Revised findings with annotations showing the revisions to the findings formerly approved by council. • Notice sent to all persons who originally appeared before council in this matter.

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