12/06/2010 Council Packet - Laserfiche WebLink

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• The property is zoned R -1 Single Family Residential. • 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." • Swimming pools and sport courts are common accessory uses customarily found in residential neighborhoods. However, a racing /riding course for off -road vehicles is a very different type of facility, one that has the potential for significant negative impacts on nearby residents — impacts that are not created by permitted facilities such as pools and sport courts. Off -road courses are not customarily found in residential neighborhoods. • The racing /riding track is a "facility" in that there is an established track or route. There also are man-made topographic features that were intentionally created to enhance the experience of riding on the track. This differs from someone who occasionally rides a vehicle across or on the property, such as when moving it into a garage or onto a trailer. • The "other recreational facilities" phrase was not intended to include any and all conceivable types of recreational activities or facilities without regard to their impacts. • For these reasons, the conclusion was that a racing /riding track for off -road vehicles is not allowable as an accessory use on an R -1 property. The property owner disagrees with this conclusion. He believes that if he is not violating sound requirements established for his vehicles, he is not violating any law. Staff's conclusion is based on the uses listed in the Zoning Ordinance, not on statutory noise limits for vehicles. Nonetheless, a resident has the right to disagree with an interpretation of the Zoning Ordinance. The Ordinance provides an appeal process, which requires an application and fee. However, there is another approach to the current situation which is more efficient. As stated in Section 1, Subd. 1.E. of the Zoning Ordinance: 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. In summary, the City Council is the authority to determine if "other recreational facilities" in accessory use 10 in the R -1 zone allows for a dirt track for racing /riding off -road vehicles. That is: is such a track "comparable in potential activities and impacts" to a use that is specifically listed? 4 • • •