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01/09/2002 P&Z Minutes
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01/09/2002 P&Z Minutes
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P&Z Minutes
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01/09/2002
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Planning & Zoning Board <br />January 9, 2002 <br />Page 3 <br />APPROVED MINUTES <br />accessory square footage of 2,180 sq. ft. This is 160 sq. ft. more than is allowed under <br />City Ordinance. <br />Staff advised that construction of the propos ed picnic shelter would violate the City’s <br />Zoning Ordinance in terms of both number and size of accessory structures. Removing <br />the 8’ X 10’ tool shed already on site and decreasing the size of the proposed picnic <br />shelter by 160-sq. ft. are options to resolving this zoning issue. It should be noted that <br />the City’s Zoning Ordinance reaches a cap, or threshold level, of 2,020 sq. ft. for <br />accessory buildings in any size lot of one and one-quarter acre or greater in an R-3 zone. <br />That is, unlike zoning for Rural and PSP zones, R-3 zones do not allow more accessory <br />square footage as lot size increases. As a result, even though the proposed site is <br />approximately 5.2 acres in size, the proposed picnic shelter would not be allowed under <br />City Zoning Ordinance, and would thus requi re approval of a Variance for construction. <br />Staff reviewed that in 1997, the Gethsemane United Methodist Church site underwent a <br />Rezoning, Minor Subdivision, and Comprehensive Plan Amendment in order to construct <br />a parsonage. The above requests were all approved at that time, subject to the condition <br />that “the subdivision includes the formal de dication of the Stage Coach Trail right-of- <br />way, with the understanding that Parcels B and C will be financially responsible for the <br />future construction of the street”. In other words, subdivision was granted on condition <br />that street right-of-way be granted for the future subdivision. <br />Staff advised that on inspection of the records in preparation of this report, it was found <br />that such right-of-way was never legally recorded. Staff would suggest that the City use <br />the opportunity presented by the current request for a Conditional Use Permit <br />Amendment to correct this oversight. <br />Staff stated it cannot recommend approval of the Conditional Use Permit Amendment as <br />presented, since it violates the City Zoning Or dinance. However, if granted, staff would <br />recommend any approval of this Conditional Use Permit Amendment include the <br />following conditions: <br />1. A building permit must be obtained for construction of the proposed picnic <br />shelter. <br />2. Issuance of the building permit will not be granted until the former approved <br />dedication of the Stage Coach Trail right-of-way is officially recorded. Such <br />dedication is with the understanding that Parcels B and C will be financially <br />responsible for the future construction of the street, as approved by City Council <br />on May 27, 1997. <br />Ms. Gretz indicated that Pastor Gilbertson was in attendance this evening representing <br />Gethsemane United Methodist Church. <br />Chair Schaps asked if the alternatives of removing the tool shed and decreasing the size <br />of the proposed picnic shelter had been discussed with the applicant.
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