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September 13, 1976 Page 7 <br />Councilmember Hodges wondered if Mr. Fahrmann could come back and get the <br />property he dedicated to the City. Atty. Meyers stated the City could <br />prepare some quit claim deeds and convey the property back. Admin. Achen <br />got the names and addresses of both John Wharton and Jerome Fahrmann. <br />At 9:35 p.m. Mayor Pickar recessed the regular Council meeting and called <br />to order the public hearing on a special use permit application by Ernest <br />Gustafson to develop townhouses in an R -1 zoning district. <br />Mr. Mike Smith stated that he was Mr. Gustafson's architect. Mayor Pickar <br />stated that there was a legal question about the zoning of this property. <br />Townhouses in an R -1 district have to be built and sold to people, or <br />owner - occupied. This is not necessary in an R -3 district. <br />Mr. Smith stated that through some misunderstanding by one of the building <br />inspectors or planning officers, their proposal for an R -3 zoning was <br />changed to an R -1 zoning. The Planning Commission saw two options to <br />recommend, rezoning to R -3 with the stipulation that townhouses be developed <br />or zone it to R -1 and create a special use permit with the owner - occupied <br />requirement. Mr. Smith explained that this was not their choice. Their <br />request was for an R -3 zoning because they would like the flexibility <br />to rent or sell them, or a special use permit be allowed and the owner - <br />occupied provision be waived. Admin. Achen stated that this hearing is <br />for a special use permit for an R -1 zoning. The owners were not notified <br />of any rezoning, which would be necessary. <br />Atty. Meyers recommended that if they want rental type to be authorized, <br />proceedings should be started for a rezoning. Mr. Smith stated they would <br />have to go back to the Planning Commission, who discussed this but decided <br />to go along with the special use permit. Mayor Pickar stated that a <br />special use permit cannot cover this situation. <br />Mr. Gustafson commented that he specifically wrote "R -3 for use of <br />townhouses" on the application. He went through the Planning Commission <br />and they decided that according to the ordinance Mr. Gustafson would have <br />to back down to this agreement. Mr. Gustafson stated that it was some <br />kind of conspiracy to keep him from what he wanted. Someone changed it <br />from R -3 to special use permit. What good does it do to go back through R -3? <br />Atty. Meyers asked if Mr. Gustafson would like the council to go on a <br />questionable basis and have problems arise later? Mr. Gustafson asked <br />what he had to do to develop his property. Atty. Meyers stated it should <br />go before the Council as a zoning matter. The only matter that can be heard <br />here tonight would be for a special use permit. <br />Mr. Gustafson stated that he was not the only person involved in this and <br />could not answer which would be the best tonight. Mr. Smith asked if <br />this could be put on the agenda at a later date. Atty. Meyers stated <br />the Council could adjourn hearings from time to time. Atty. Meyers suggested <br />that the people be notified again if the matter is continued. Admin. Achen <br />suggested that if the hearing is continued the applicant notify the City, <br />in writing, of their intentions. <br />Mr. Gary Sward, 7644 Greenfield, asked how many times you can bring up <br />the same thing. This was brought up in July and voted down. Can you <br />bring it up again and again until someone gives in? Atty. Meyers reviewed <br />the ordinance concerning this matter and explained that there is a six <br />month waiting period between rezoning applications on the same property. <br />