03/09/1983 P&Z Minutes - Laserfiche WebLink

Home Search

Planning and Zoning Board March 9, 1983 Page -2- r. Hawkins said that if a person comes in to request a Conditional Use Permit and that cond- itional Use is not listed in the Ordinance a Conditional Use Permit cannot be granted. That particular use is not allowed in that district period. The only other alternative for the requested use is to rezone that district for the requested use. Mrs. Klaus asked what if the Board forgot to put a particular use in the Ordinance. Mr. Hawkins said the Ordinance could be amended to allow for that use. Mrs. Anderson asked Mr. Hawkins about private easement. Mr. Hawkins explained the two ways in which the City can acquire a public road easement. One is the dedication of a road ease- ment in a plat. The other way to acquire an easement is by a grant of an easement by a sep- arate document such as a deed. Road easements can be accepted without being improved lut this has not been the policy of this City. Regarding private easements, Mr. Hawkins said an easement is nothing more than the right of use. There is a dominent parcel and a subserviant parcel. The dominent parcel is the one that has the right to pass over the subserviant parcel. The underlying property is still owned by the property over which the easement runs. He owns the property subject to the other person passing over the easement. 11 Mr. Jefferson from the audience asked Mr. Hawkins if Mr. Leroux who has a private road ease- ment over Mr. Ellison's property to provide access to his property has the right to petition the City for a roadway or do these improvements have to be made and the easement deeded to the City. Mr. Hawkins said he is not familar with the language in that reservation for . asement and does not know if the language in the easement is so broad that he has the right o turn it into a public easement. Basically the City does not have to accept any road- way easement if it feels it is not beneficial to the City. Mr. McLean thanked Mr. Hawkins for coming before the Board. ZONING ORDINANCE Mr. McLean explained the ordinance and map have been in the process of being drafted for nearly a year. There have been four quadrant informational meetings and another meeting of the Task Force to review the input from the public. Now the Planning and Zoning Board must accept the draft and forward it to the Council for a public hearing. Mr. Short said he would not go through the ordinance tonight but since the Task Force last met three members of the Task Force have forwarded their comments or recommendations to him for further discussion. Mr. Short had eight items that should be addressed tonight: 1. Non - Comforming Uses - If the structure in a non- conforming use area is damaged beyond a certain degree these structures cannot be replaced or rebuilt. In the zoning ordinance draft 50% is used as the % by which it is determined if the structure can he rebuilt. The 50% figure is a real concern to some Task Force Members and he wanted to know if this should be •