07-28-1999 Council Agenda - Laserfiche WebLink

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property. The interim use would be to establish a certain date on which the property would be converted to residential use, instead of a legal, non - conforming status which could go on indefinitely. 4. Consider an R -B zoning which would accommodate either residential or limited commercial use, such as professional offices. This option would allow for the potential non - residential use of the parcel by Conditional Use Permit. To accomplish this option, the Comprehensive Plan would need to be amended to allow for the choice. The current plan directs residential only. The Buetows have indicated a willingness to consider options of moving to another, more conforming location. Some preliminary numbers have been explored by a realtor, including a suggestion that the property is worth approximately $90,000 as a residence, and $30,000 more as commercial property. City staff notes that the property is not guided for residential, and that the highest and best use would be residential in the $80,000 to $90,000 range. The Buetows would be looking for industrial property in the $150,000 to $200,000 range. One issue raised by the Buetows is the prospect of "inverse condemnation ". This concept is a claim that a regulation adopted by the City, such as a zoning regulation, effectively condemns their use of the property. Staff believes that this would not be the case under a rezoning since the current legal uses of the property would be allow to continue - either as legal non - conforming uses or under an interim use permit agreement in which the Buetows are a party. Moreover, the rezoning permits the re -use of the property as residential. Therefore, the City has not taken all use of the property, only regulated the use consistent with the direction of the Comprehensive Plan. Summary / Recommendation Staff supports Option 3 above as the one which provides the Buetows a reasonable time to relocate, would direct the property back toward residential use, and best satisfy the direction of the Comprehensive Plan. The process would be to call for a hearing on the rezoning, as well as an amendment to the R -1 district creating the interim use. Staff would suggest that the listed interim use be described as closely as possible to the exact use of the property, such as a "legal non - conforming" construction business. The Planning Commission could consider the proposal at its August 12 meeting, and the City Council could consider the rezoning, the amendment, and the Buetows' application for the Interim Use Permit at a public hearing on August 25. Staff could have a draft Interim Use Permit prepared prior to the public hearing. cc: Joel Hanson Terry Maurer Kathy Glanzer Greg Schmidt Elizabeth Mursko Page 13