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P4ge 3 <br />'Planning and Zoning <br />September 19, 1979 <br />and application. Mr. Doocey seconded the motion. All were in favor. Motion declared <br />passed. This matter will be carried over to the next regular meeting. <br />Mr. Menkveld also had a question regarding a commercial area in Carole's Estates <br />Second Addition. He had sold some lots for residential use with: large accessory <br />storage buildings. Mr, Gourley noted that accessory buildings could not be larger <br />than the house, and Mr. Menkveld indicated they were an oversized garage with a split <br />foyer house. In regard to the zoning, the property was platted with the intention of <br />residential use on the lots fronting the highway. There was some question as to their <br />status in light of the recent Council action, because the R-1 use had already been <br />authorized. However, the deeds had notations that these were still commercial lots. <br />Mr. McLean noted that the intent of the notation was to protect the buyerso he <br />realized a commercial use could come in next door. The Clerk is instructed to contact <br />Mr. Locher and request an opinion as to the zoning status of the lots along Highway 8 <br />in Carole's Estates Second Addition. Mr, Gourley will contact Marilyn Anderson to <br />explain further. <br />The next item on the agenda was a variance request for MarDon Homes, and a representa- <br />tive was present. This had been on the P & Z agenda some months ago as a request to <br />build smaller homes, and it had been indicated at that time that there was not enough <br />information to take action. The developer presented plans of two homes he had in mind, <br />one at 909 sq.ft. and one at 958 sq.ft. It was noted that the requirement on split <br />entries was now 960 sq.ft., so the 958 sq.ft. design would only require 2 more square <br />feet. The developer gave his reason for the request as an attempt to develop some- <br />thing on MarDon Acres in a lower price range. He had previously asked for a 768 sq. <br />footage. Mr. McLean indicated that the City had allowed an experimental situation <br />in Shenendoah at 860 sq. ft., and anything less than that would not be possible. Mr. <br />Gourley felt that until the experimental situation was reviewed as per Mr. Zelinka's <br />motion, no further action on smaller house sizes could be taken. It was further noted <br />that there had been a limited number of the smaller homes allowed --15 percent of the <br />development, which now consisted of 45 lots, which would Lean about 7 homes at the <br />smaller size. These had not yet been built, and a two year review was called for in <br />the motion. Mr. Reinert moved to deny the variance request, and Mr. Doocey seconded <br />the motion. All were in favor. Motion declared passed. It was noted the ordinance <br />allowed a 960 sq.ft. split entry without a garage as well as a 1,000 sq.ft. rambler <br />without a garage, and that Mr. Menkveld could consider something along these lines. <br />Mr. Rivard's request for a special use permit to raise chickens was on the agenda <br />under old business. He had not returned with the additional signatures as requested. <br />It was the general feeling that this had been carried forward long enough. Mr. Reinert <br />moved to deny the special use permit at this time because of the delays encountered. <br />Mr. Shearen seconded the motion. All were in favor. Motion declared passed. Mr. <br />Gourley raised the issue of whether the P & Z should request the law enforcement <br />authorities to pursue any violation. Mr. Nadeau brought up the similar situation <br />with Mr. Suchi. Mr. Shearen, however, felt that the P & Z was not an enforcement <br />body and it was not within their scope to direct the police force to do anything. <br />Mr. McLean was requested to inform the Council that Mr. Rivard's permit was denied <br />and there was a possible violation there, and in reference to the Council minutes, <br />as of this date the P & Z had not received a special use permit application from Mr. <br />Suchi. <br />No representative was yet present.for Land and Oaks, Inc. Mr. Shearen moved to table <br />their rezone application, and Mr. Doocey seconded the motion. All were in favor. <br />Motion declared passed. <br />