HomeMy WebLinkAboutgr00090_000042_pg259September 13, 1976 Page 7
Councilmember Hodges wondered if Mr. Fahrmann could come back and get the
property he dedicated to the City. Atty. Meyers stated the City could
prepare some quit claim deeds and convey the property back. Admin. Achen
got the names and addresses of both John Wharton and Jerome Fahrmann.
At 9:35 p.m. Mayor Pickar recessed the regular Council meeting and called
to order the public hearing on a special use permit application by Ernest
Gustafson to develop townhouses in an R -1 zoning district.
Mr. Mike Smith stated that he was Mr. Gustafson's architect. Mayor Pickar
stated that there was a legal question about the zoning of this property.
Townhouses in an R -1 district have to be built and sold to people, or
owner - occupied. This is not necessary in an R -3 district.
Mr. Smith stated that through some misunderstanding by one of the building
inspectors or planning officers, their proposal for an R -3 zoning was
changed to an R -1 zoning. The Planning Commission saw two options to
recommend, rezoning to R -3 with the stipulation that townhouses be developed
or zone it to R -1 and create a special use permit with the owner - occupied
requirement. Mr. Smith explained that this was not their choice. Their
request was for an R -3 zoning because they would like the flexibility
to rent or sell them, or a special use permit be allowed and the owner -
occupied provision be waived. Admin. Achen stated that this hearing is
for a special use permit for an R -1 zoning. The owners were not notified
of any rezoning, which would be necessary.
Atty. Meyers recommended that if they want rental type to be authorized,
proceedings should be started for a rezoning. Mr. Smith stated they would
have to go back to the Planning Commission, who discussed this but decided
to go along with the special use permit. Mayor Pickar stated that a
special use permit cannot cover this situation.
Mr. Gustafson commented that he specifically wrote "R -3 for use of
townhouses" on the application. He went through the Planning Commission
and they decided that according to the ordinance Mr. Gustafson would have
to back down to this agreement. Mr. Gustafson stated that it was some
kind of conspiracy to keep him from what he wanted. Someone changed it
from R -3 to special use permit. What good does it do to go back through R -3?
Atty. Meyers asked if Mr. Gustafson would like the council to go on a
questionable basis and have problems arise later? Mr. Gustafson asked
what he had to do to develop his property. Atty. Meyers stated it should
go before the Council as a zoning matter. The only matter that can be heard
here tonight would be for a special use permit.
Mr. Gustafson stated that he was not the only person involved in this and
could not answer which would be the best tonight. Mr. Smith asked if
this could be put on the agenda at a later date. Atty. Meyers stated
the Council could adjourn hearings from time to time. Atty. Meyers suggested
that the people be notified again if the matter is continued. Admin. Achen
suggested that if the hearing is continued the applicant notify the City,
in writing, of their intentions.
Mr. Gary Sward, 7644 Greenfield, asked how many times you can bring up
the same thing. This was brought up in July and voted down. Can you
bring it up again and again until someone gives in? Atty. Meyers reviewed
the ordinance concerning this matter and explained that there is a six
month waiting period between rezoning applications on the same property.