12/06/2010 Council Packet - Laserfiche WebLink

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0 r • • • AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser MEETING DATE: November 22, 2010 TOPIC: Resolution No. 10 -106: Determining That An Off -Road Vehicle Riding Facility Is Not Allowed In An R -1 Zone VOTE REQUIRED: 3/5 BACKGROUND The City has received numerous complaints regarding the riding of motorcycles on a residential property. Using earth moving equipment, the property owner has created a racing /riding track for dirt bikes and other off -road vehicles. The use of the site for this purpose generates noise that is generating complaints from neighbors. Staff consulted the Zoning Ordinance and discussed the activity with the City Attorney. The conclusion was that an off -road racing /riding course is not an allowable use under the Zoning Ordinance. Staff then sent a letter to the property owner. The letter recognizes that riding recreational vehicles can be fun, but notes that the activity creates serious impacts on neighbors. The letter informed the property owner that the activity must cease. The property owner visited City Hall and maintained that he does not have a racing /riding facility, and that his vehicles comply with state law regarding the noise they create. (It was not clear to staff the specific law to which he was referring.) He maintains that riding motorcycles and ATVs on his property is not violating any law and is not prohibited. The Zoning Ordinance contains a means to resolve this through a City Council determination. In consultation with the City Attorney, staff is bringing this question to the City Council for a determination. It is important to remember that the determination applies not only to this site. ANALYSIS Uses Allowed by the Zoning Ordinance The position stated in the letter to the property owner is based on the following reasoning: • The Zoning Ordinance lists uses that are allowable in the individual zoning districts. 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.