2003.08.28 PC Minutes - Laserfiche WebLink

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Planning Commission Meeting August 28, 2003 - page 3 the disclosure of the gun club be provided with the sale of the property. All Ayes. Motion carried. Massie asked for the City to provide him with the language to be used in the disclosure statement. Future Central Business Zoning District The Commission held a public meeting to consider the adoption of a new zoning district (Future Central Business District) and the rezoning of certain properties in the downtown from Central Business District to Future Central Business District. The CD Director explained that the primary purpose of the new district and rezoning was to allow single family homes as a permitted use until such time as the landowner makes application for development. It had been brought to the City's attention that some residents were unable to sell their properties because potential buyers were having difficulties obtaining financing on a residential home that is zoned commercial. According to State law, a non -conforming home cannot be replaced if it is destroyed by more than 50 percent of its market value. Other property owners wish to make improvements to their homes but are unable to because of the non -conforming status of their homes. The CD Director explained that the initial public hearing notice for this agenda item included properties located along 145th and 146th Streets west of Highway 61. Staff had expanded this notice to include the parcels along 147th Street and Flay Avenue. However, due to notice requirements, this expanded area could not be considered until the September 11th Planning Commission meeting. Staff recommended that the Planning Commission open the public hearing, accept public comment, and table the matter until the September 11, 2003 meeting. The CD Director provided history of the zoning for the area dating back to circa 1974 and explained that the rezoning must be consistent with the downtown plan and the comprehensive plan. Schumann said he remembered rezoning the Post Office property in 1994 but did not remember rezoning the properties on Flay Avenue to Commercial. Schumann opened the public hearing. Mark O'Conner, 5511 146th Street North, said he bought his home three or four years ago and was unaware that he was zoned commercial. Since he bought the home, he had done extensive repairs. Bernie Brunotte, 14819 Flay Avenue North, said he was never notified that his property was changed to commercial and would like to see it returned to residential. Beth Wilder, 14816 Flay Avenue North, said her home was built in November of 1999. Wilder wondered how she was permitted to build. The CD Director noted that the permit may have been issued prior to adoption of the zoning ordinance in 1999. Doug Drake, 5443 146th Street North, said that he lived on the south side of 146th Street North and