04/28/1980 Council Minutes - Laserfiche WebLink

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April 28, 1980 Locher said his understanding was, that Mr. Suchy was to have applied for a special use permit but has not done so. Mr. Suchy referred to a letter written from the City offices stating that he was not in violation. Mayor Gourley noted that in the Ordinance, any non - conforming use should cease within three years. Also, any new farming oper- ations need a special use permit and a farm requires 300' frontage which this parcel does not have (only 265'). The minutes of the previous meeting were consulted at this point, as were the letter written to Mr. Suchy. Mr. Jaworski moved that Mr. Suchy disposed of the pigs and be allowed to keep the remaining animals. The motion died for lack of a second. Mayor Gourley asked that Ordinance #26 be consulted. This allows domestic animals to be kept on five acres of land. Mayor Gourley felt that in 1977 when Mr. Suchy bought the property he was governed by this Ordinance. Mr. Nadeau pointed out 4.01, paragraph B in Ordinance #56 which says that any new ordinance, which is more restrictive, prevails. Mayor Gourley said the Council is aware of the fact that Mr. Nadeau feels that Mr. Suchy does not have a farm due to the lack of the necessary frontage. Mr. Nadeau said that Mr. Suchy had more pigs' now then he had then. Mr. Suchy said that was not a correct statement. In fact he has less pigs now than he did at the begining. Mr. Suchy said as long as he rented the barn to Mr. Nadeau, rented the land, things were friendly until he told Mr. Nadeau that he would no longer be able to rent the barn and lands. Mr. Suchy said the reason he bought this property with the buildings was to raise his own beef, pigs and fowl. If he had known he would be restricted as to what he could keep on the land, he would not have purchased this property. Mr. McLean moved to require Mr. Suchy to cease all farming operations involv- ing the keeping of animals on his property since 265' frontage does not qualify the property for a farm plus the affadivat from the previous owner states that only cats, dogs and horses. A special use permit may be required for specific uses. Seconded by Mr. Gourley. Mrs. Elsenpeter asked if this Council is not considering Mr. Suchy's request for a special use permit. She felt he had presented a special use permit as he had been instructed from the offices. Mr. McLean felt this form does„not state what he wanted. Mrs. Elsenpeter felt the intent was there. Mr. Schumacher felt the words 'to have' should be added at the begining of his request. Mr. Kulaszewicz asked 'when this property was sold, did either of the parties discuss the raising of animals ?' Mr. Nadeau said he asked Mr. Suchy what he was going to do with this land and he had said he wanted a big garden. Mr. Suchy said he had told them he planned to raise hogs and was told he should not raise too many, that he was too close to Centerville. Mayor Gourley called for the vote on the motion. Motion carried unanimously. 1 1