Agenda Packets - 1985/05/06 - Laserfiche WebLink

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May 2, 1985 Page 2 always been used as a service station and has always been zoned B-3 which matches its present and past uses. On the other hand, the City may determine that: an I1 zone is not appropriate for the two parcels of land presently occupied by Herbst and Sons and Pettibone. If this is your determination, the City can deny the request for zoning changp and thereby deny the addition to the huildi.ng. Thu Planning Commission and Staff's review of the situation indicates that, the Herbst and Pettibone property is well buffered by the wetland from the Edyewood Community Center: which is zoned R-1. The property is also well buffered from other uses by the property zoned B-3 between Herbst and Sons/Pettibone and Highway 10. Obviously, to the south is Rice Creek and on the south side of Rice Creek is the Towns Edge Mobile Home Court. The Mobile Home Court is buffered adequately in my opinion by Rice Creek. One other interesting twist about this development review is that, to the best of my knowledge, the piece of property that Herbst has his building on is also the same piece of property that the Perkins is on. Therefore, in order to approve this building addition, the developer must submit and receive approval of a preliminary plat of a major subdivision. It's a major subdivision because it is larger than two acres. Herbst and Sons indicated to the Planning Commission that they would submit a preliminary plat as soon as possible. They also said they would have the preliminary plat to us before the hearing on the preliminary plat if you decide to set up a hearing. In summary, the Planning Commission does not see any problems with rezoning the Herbst property and the Pettibone property, changing the Comp Plan accordingly, and a major subdivision. The Planning Commission said they would also give a variance from the code provision that his existing building must be 20 feet from the side yard property line. The justification for giving this variance is that it is a preexisting condition. The City Code saes that the Planning Commission grants variances and therefore the variance does not have to be approved by the City Council. Action Requested At the May 1, 1985 Planning Commission Meeting, the Planning Commission requested the City Council to schedule a hearing date for the rezoning and major subdivision. If you decide to schedule hearings, you should also schedule a hearing on the Comp Plan revision for these two lots. The hearing notices could be published on May 15, 1985 with the hearing held on May 27, 1985. ST/ds Attachments