10/17/1979 P&Z Minutes - Laserfiche WebLink

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October 17, 1979 6.L The regular meeting of the Planning and Zoning Commission was called to order at 8:04 p.m., October 17, 1979 by Chairman Ken Gourley. Members present: Bob Doocey, James Shearen, Vi Schwankl, and Council liaison John McLean. Vernon Reinert and Jerome Heath arrived late. Members absent: Lawrence Johnson. The minutes of the August 15, September 5, and September 26 meetings were held over as there were not enough members present: to approve these. Mr. Shearen moved to approve the minutes of the September 19 meeting. Vi Schwankl seconded the motion. All were in favor. Motion declared passed. The September 5 minutes should be corrected to show that Vi Schwankl was not present at that meeting. Mr. Gourley briefly reported on the Council action with respect to the three items of business from the last special meeting. The Council had approved a variance for Mrs. Hegstrom to vary the requirement for frontage; they had approved the variance for a long driveway; and had concurred with the Planning Commission's recommendation with respect to Mr. Burgerman's request for narrower streets. A variance request for along driveway (550 feet) for Mr. Blake Rivard, present, had been added to the agenda. The property was a 5 -acre parcel on Lake Drive, and the driveway would cross the 300 -ft commercial zone to the residential behind it, where the house was located. The building permit was pending action on this variance request. Mr. Gourley indicated he felt there might be some problem with allowing the house to be built in this manner, considering the commercial zone, particularly if the property were respliD He indicated the Council had just taken a position not to allow R-1 uses in a commercial zone. Mr. McLean felt this should have no effect, but indicated to Mr. Rivard that if he wanted to split off 22 acres in the front for a commercial venture, he would have no frontage for his house. Mr. Reinert asked Mr. Rivard if he understood that he would conceivably be fronted by a lot of commercial activity some day, and noted that commercial development created some problem with residential development71 Mr. Rivard said he understood the situation. Mr. Gourley indicated that in the case of long drive- ways the city would not accept responsibility or liability for the length of the drive- way; it would be the owner's responsibility to maintain it in a manner that would permit emergency vehicles to get to the residence, for example, fire trucks, as quite possibly they did not have 550 feet of hose. Secondly, the owner would not be able to split off parcels along the driveway. Vi Schwankl moved to recommend to the Council to grant Mr. Rivard a variance for the long driveway on the property as described on the application,.. subject to the conditions mentioned by Mr. Gourley. Mr. Shearen seconded the motion.-- All otion."`All were in favor. Motion declared passed. Mr. Rivard was told the matter would be on the Council agenda for the October 22 meeting, and that he should be present. Mr. Rivard asked if he would be able to build commercially along the front, and Mr. McLean replied that in that event, he couldn't sell the house as a separate piece because it wouldn't have a legal frontage, although, as Mr. Gourley noted, he would be able to develop a commercial concern for himself. Mr. Heath indicated that the city was considering drop- ping the commercial zone in areas that had developed residential. The next item on the agenda was a request for a special use permit to operate a business from a residence by Mr. Richard Klenck. Mr. Klenck indicated he ran a contract hauling business from that address, but the only operation he did was parking two dump trucks, which came in empty and left empty, in the pole barn overnight. Mr. Reinert noted there seemed to be a lot of confusion and actions taken without permits; Mr. Klenck said the basic problem was the swampland, but that he had been issued permits by Rice Creek Water- shed, the ArmCore of Engineers, and the DNR. He indicated he had been trying for over a year to get the permit for the pole barn, which he had already built. He had also applied for a variance to operate vehicles over 9,000 pounds and had gotten his neighbors' signatures for this, but now apparently needed a special use permit to operate a business out of a residence. '1r. Reinert felt that although Mr. Klenck had come in good faith to try to straighten it out, it appeared the Board should instruct someone in city