09/19/1979 P&Z Minutes - Laserfiche WebLink

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eI ` • /af 2,-'. `September 19, 1979 The regular meeting of the Planning and Zoning Commission was called to order at 8:08 p.m., September 19, 1979 by Chairman Ken Gourley. Members present: Bob Doocey, James Shearen, Vi Schwankl, Vernon Reinert and Council liaison John McLean. Members absent: Jerome Heath and Lawrence Johnson. The first item on the agenda was the approval of the minutes of the August 8 special meeting and the August 15 regular meeting. Mr. Gourley asked if there were any additions or corrections to the August 8 minutes. Mr. Doocey moved to approve these, and Mr. Gourley seconded the motion; however, the motion and the second were with- drawn at Mr. McLean's suggestion, until a majority of those at the August 8 meeting were present. Mr. Gourley asked if there were any additions or corrections to the August 15 minutes. In regard to the motion on the rezone of the duplex on page 3, Mr. Reinert had understood that Mr. Heath had voted against it as well. There was some question as to whether he had or not, and Mr. Doocey moved to table the minutes until Mr. Heath was present. Mr. Reinert seconded the motion. All were in favor. Motion declared passed. Mr. McLean gave his report from the August 27 Council meeting. Twilight Acres had been approved subject to the lawyer's approval; the layout and design hearing on Baldwin Lake Trailer Park was held and the July 2, 1979 drawing was accepted with stipulations; the bid to upgrade Deer Pass Trail was in, and the landowner would be carrying the majority of the cost on an annual payment basis rather than by assess- ment; the public hearing on the Brunner rezone was held September 10 and granted; the hobby kennel had been approved; the public hearings on East Birch Addition and Bloom's Addition were set for September 24; Lyndol Nelson had come before the Council, and it had been suggested he contact his title insurance company and lender for assis- tance; Mr. Burque had received the letter and responded and the matter had been tabled; and Mr. McLean had moved that the Coyncil accept no more plats for meets and bounds in that area. The motion in this case applied to Mr. Burque's land only, but it was a rule the Council had been trying to follow generally. Ordinance No. 37 dealing with kennels in commercial zones had been amended by resolution, and Mr. Doocey was asked to note this on the ordinances. The public hearing on the W. Rehbein rezone was laid over again, waiting for Rice Creek Watershed; Mr. Gotw.ld ad been instructed to obtain a bid for the installation of a cul-de-sac for Mr. .nd the Council had taken action on residential uses in commercial zones. This was a motion by Mr. Zelinka to the effect that any residential use in a commercial zone should be forwarded to the P&Z for review. Mr. Gourley had spoken to the building inspector, and permits will not be issued for a residential use in a commercial zone. Mr. Shearen understood that the ordinance neither allowed or disallowed lesser uses; Mr. Gourley indicated that Mr. Locher's interpretation of this was that lesser uses were not permitted unless specifically stated in the ordinance. Mr. Nadeau indicated that he had understood the P & Z had been instructed to consider Suchi's problem as of the August 13 Council meeting. Mr. McLean indicated that Mr. Suchi had been told to apply for a special use permit at the P & Z level, and Mr. Gourley noted that there had been no request yet. Mr. McLean was asked to carry this back to the Council. The first item of business was the request for a variance on the Bhend property for a parcel of land that was less than 21/2 acres (approximately 1 acre). The title had been transfered approximately a month after the ordinance had been adopted and pub- lished, and Mr. Locher had recommended that a variance be granted to clear up the problem. This had been carried over from the August meeting because there had been no certificate of survey, which was now available. Vi Schwankl checked the certifi- cate of survey against the legal description that had accompanied the application at the last meeting. Mr. Doocey noted that the majority of the property was within the commercial zone; however, Mr. Gourley indicated that the request did not deal with