02/11/2015 P&Z Minutes - Laserfiche WebLink

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Planning & Zoning Board February 11, 2015 Page 2 APPROVED MINUTES A. PUBLIC HEARING to consider rezoning property located at 6966 Lake Drive (PID # 19-31-22-41-0006) and 6970 Lake Drive (PID # 19-31-22-0005) from R-1, Single Family to R, Rural Katie Larsen, City Planner, presented the staff report. Staff does not recommend approval of the rezoning. Ms. Larsen clarified that there is a difference between zoning classifications and land use classifications. Chair Tralle declared the Public Hearing open at 6:50 p.m. Robert and Carol Stanek, property owners, addressed disagreements with the staff report. The structure for the horses on 6966 is temporary and is able to be moved. The horses are not currently located on the property. The intent is to keep the horses on the property during the 4H season from May through October when their daughters are participating in 4H events. Mr. Stanek also noted that Ms. Stanek has been in communication with the Community Service Officer she spoke with over the phone on March 13, 2015 and the CSO kept notes from this conversation. During the March 13 phone call Ms. Stanek was informed that she was zoned Rural and was therefore allowed to have farm animals. The Staneks took this information under good faith. Chair Tralle questioned Mr. Stanek on why they would go to the Police Department rather than the City to find out whether or not they could have farm animals. Ms. Stanek explained that she went to City Hall and no one was available who dealt with zoning, so she was directed by a city staff member to the Police Department since they deal with animals. Chair Tralle observed that this was a major misdirection and questioned why the Police would be discussing this with residents. Michael Grochala, Community Development Director, speculated that the Police probably got involved because animal control is under Section 503 of the city code and animal control is enforced through the Police Department which includes a farm animal provision. The Staneks decided to purchase the 6966 Lake Drive property with the intent to house farm animals using the information they received from the Police. They used the Land Use map during this process and Mr. Stanek explained how confusing it is for a resident to understand the difference between the Land Use Map and Zoning Map. Mr. Stanek also pointed out the contradictions with the Rural and Residential zoning classifications in regards to water and sewer hookup. The Staneks do not have any intentions of using the land for agricultural use. The Staneks understand that combining the two properties would still be slightly less than 10 acres, but rules and regulations are up for interpretation and there should be a focus on the intent. Ms. Stanek pointed out that there are many lots zoned Rural that do not meet the 10 acre standard. If spot zoning is an issue, the Staneks feel confident that their neighbors would be willing to sign a petition to rezone the area. The Comprehensive Plan does not indicate that the area is going to be developed any more than it is now and Ms. Stanek stated that the plan should be altered as situations arise. Ms. Stanek also stated that they