04/18/1979 P&Z Minutes - Laserfiche WebLink

Home Search

. Page -3- April 18, 1979 meeting of his responsibilities. Mrs. Schwankl seconded the motion. Motion declared passed. Plat - Swenson Addition - Delano Swenson The Clerk read the City Engineers and City Plamners letters regarding the above plat. Mrs. Schwankl moved to recommend to Council this plat adated August 22, 1979 be approved and a public hear date set. Mr. Shearen seconded the motion. Motion carried. Mr. Gourley asked the Clerk to send a note to Mr. Gotwald stating this subdivision was just reviewed by the RCWD as a part of Equity Estates. Plat - W & G Rehbein - Peltier View There was no one present to represent this plat and it was tabled. Special Use Permit - Art Nagy Mr. Art Nagy has requested a Special Use Permit to repair bicycles at his brothers residence at 6865 Sunrise Avenue. Mr. McLean asked Mr. Nagy if he planned to post a sign. Mr. Nagy said yes, a small sign. Mr. Gourley asked if he will be repairing motorized bicycles and Mr. Nagy said, no, just pedal bicycles. Mr. Shearen moved to recommend to Council that this Special Use Permit be granted to operate a bicycle repair shop to not include any motorized bicycles and to allow a sign no larger than 2' x 2' and with the stipulation that no bicycle parts will be stored outside of the building. Mr. Reinert seconded the motion. Motion declared passed. Variances - Glenn Rehbe.in Mr. Rehbein applied for two variances, one to build houses smaller than the sixe required by the City ordinance and the second variance to build on lots smaller than required by the City ordinance. The Clerk read the legal opinions received from Mr. Locher dated April 10, 1979 and April 12, 1979. Mr. Reinert said the problem with these variances could be the spot zoning issue, non- conforming use and the City's inability to enforce covenants on private property. Mr. Rehbein said he had been at Council on April 9, 1979 and Attorney Locher said he could apply for these variances and the Planning and Zoning Board would pass them on to Council. Mr. Shearen asked what would be the worst thing that comld happen if these variances were granted? Some other builder could also request these variances? We are looking at chang- ing the ordinances to reflect smaller houses and lot sizes anyway. The board is simply giving Mr. Rehbein a variance to an ordinance that likely will be changed anyway. Mr. McLean said the problem is a variance is an ordinance change, why not change the ordinance first? Mr. Shearen said It appears this Board is chasing Mr. Rehbein around and some decision should be made. Mr. Reinert said he still did not feel comfortable because of the legal problems that could come from this action.