11/09/1983 P&Z Minutes - Laserfiche WebLink

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4 November 9, 1983 BILL FOGERTY - METES AND BOUNDS SUBDIVISION Mr. Kluegel noted this is a 28 acre parcel. Mr. Fogerty had been at the last meeting - the P & Z has suggested that he construct his home and split the land in the Spring. There was also discussion on the fact that Mr. Fogerty will have to pay Park Dedication fees. Mr. Doocy asked if there is any problem with putting a driveway over the pipeline and Mr. Fogerty said he had contacted the pipeline company and he has a letter stating there is no problem putting a driveway over this line, but if there is a problem, they will dig up the driveway. Mr. Prokop asked about the other pipeline and he suggested permission also be obtained from that company. There was discussion on the landlocking of other properties and Mr. Kluegel noted that there is access through Arena Acres and Pine Oaks to the properties to the South. Mr. Cody moved to recommend that the application for a metes and bounds division as submitted by Mr. Bill Fogerty be approved and that this in concurrence with Subdivision 35C of the zoning ordinance, that Mr. Fogerty had indicated that the property will be used for the construction of homes within the next 5 years. This also complies with Subdivision 35B of the zoning ordinance. Mr. Cody amended this motion to note that this is subject to the pipeline companies. Seconded by Mr. Goldade. Mr. Doocy pointed out that even after the land is split, the lots still exceed the requirements of the ordinance. Motion carried unanimously. A recess was called at this point in the meeting. The meeting reconvened. SHARON CULBERTSON - CONDITIONAL USE PERMIT- DOG KENNEL Mr. Culbertson said the intent of this Conditional Use Permit is not to open a commercial kennel but rather to allow them to keep more than the two dogs allowed under the current ordinance. Mr. Goldade questioned the lack of outside facilities - Mr. Culbertson said the dogs are not kept outside, when they are not home, the dogs are kept in cages within the home. This application is for a lot in Pine Haven at 8019 Elbe Street. Mrs. Klaus noted that she lives in the rear of this lot and has had no problems with the animals. Mr. Prokop pointed out this is an R1 Districts, rezoned into an ER District - in an R1 District, dog kennels are not an allowed use. Mr. Prokop asked if there was anyone in the audience who wished to make a comment of this matter and there was no one. Mr. Doocy moved to recommend to the Council approval of this Conditional Use Permit for a dog kennel with two stipulations; 1) the dogs be licensed and the animals be restricted to 5 animals. Seconded by Mr. Cody.