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0 • • • WS — Item 3 WORK SESSION STAFF REPORT Work Session Item 3 Date: December 6, 2010 To: City Council From: Jeff Smyser Re: Off -Road Vehicle Riding Facility in R -1 Zone Background The City has received numerous complaints regarding the riding of motorcycles on a residential property in an R -1 zoning district. Using earth moving equipment, the property owner has created a racing /riding track for dirt bikes and other off -road vehicles. Staff consulted the Zoning Ordinance, discussed the activity with the City Attorney, and presented a report and Resolution 10 -106 to the City Council on November 22. Adoption of the resolution would be a deteimination that an off -road vehicle riding facility is not allowed in an R -1 zoning district. The City Council tabled the item and instructed staff to schedule further discussion at the December 6 work session. Every zoning district states that "no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses" that then are specifically listed for that zoning district. Accessory uses allowed in the R -1 zone include "Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests." An off -road vehicle racing /riding course is not a use listed in the Zoning Ordinance. Section 1, Subd. 1.E. of the Zoning Ordinance states: In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and /or nuisance issues and established conditions and standards relating to development of the use.