01/08/2003 P&Z Minutes - Laserfiche WebLink

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Planning & Zoning Board January 8, 2003 Page 3 APPROVED MINUTES Chair Schaps asked how large is this project site. Mr. Smyser stated he is unsure. Mr. Smyser stated staff will contact the Rice Creek Watershed District to request a summary of their review. A. PUBLIC HEARING, Charlie Pfingsten, Charlie’s Tree Service, 908½ Maple Street, Rezone and Comprehensive Plan Amendment Chair Schaps declared the public hearing opened at 6:45 p.m. Staff presented the application by Charles Pfingsten for a Comprehensive Plan Amendment and Rezoning for property located at 908-1/2 Maple Street. The property is zoned Rural and guided Low Density, Sewered Residential under the City’s Comprehensive Plan. The property is currently owned by Bill Flanagan, but Mr. Pfingsten would like to purchase the property as a site to park vehicles and equipment used in his tree care business – “Charlie’s Tree Service”. Staff explained that it was initially Mr. Pfingsten’s intention to ask for a Conditional Use Permit, or an amendment to such, based on past uses that took place on the property. However, after a review of past applications, past and present zoning maps, the Comprehensive Plan, and the present City Zoning Ordinance, Mr. Pfingsten and staff agreed that it was more appropriate to submit an application for a Comprehensive Plan Amendment and Rezoning, since: • The property is guided Low Density, Sewered Residential • The property is zoned Rural • The City’s Zoning Ordinance does not list any permitted or conditional uses for the Rural zone that would fit the use intended by Mr. Pfingsten (storage location for equipment used in a tree care business), thus it seemed pointless to apply for a Conditional Use Permit. Staff explained that the background/history of the property is somewhat involved and irregular. First, although there does not seem to be any official designation of the address “908-1/2 Maple Street,” this address has come into use for the property because the property was owned and used in conjunction with the property to the north/rear, 908 Orange Street, on which Mr. Flanagan’s home and auto repair business was sited. Second, in 1983 Mr. Flanagan asked for, and was granted, a Conditional Use Permit for the construction of a 40’X60’ pole building on the site, to be used for “cold storage” (trucks, autos, parts, etc.) in conjunction with his auto repair business. The minutes and reports for this application state both that the “area is zoned for GB (General Business)” and that “auto and truck repair is listed as a conditional use in the Neighborhood Business District – therefore an expansion or intensification of that use will require a Conditional Use Permit or amendment to such.” Third, in 1991 Mr. Flanagan asked to amend the existing Conditional Use Permit in order to allow K&C Custom Auto Body to operate as a business out of the pole building at