1987.01.28 PC Minutes - Laserfiche WebLink

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Planning Commission Minutes January 28, 1987 page 3 Wlaschin - continued city recordsindicate that the past practice of the Planning Commission and City Council regarding requests of this nature has not been favorable toward the app- licant. It would appear that the Planning Commission has viewed similar requests for rezoning on small parcels as spot zoning and has felt that allowing this approach to dealing with the City's zoning district as an erosion of the credibility of said districts. Although each land development request that comes before the commission should be reviewed on its individual merits it should be pointed out that the pattern of granting certain types of rezoning can be precedent setting and set a pattern that the commission may have to adhere to in the future. As a gen- eral rule it is not regarded as a good planning practice to look to rezoning solely for the purposes of accommodating the subdivision of land. Commissioner Olson felt this was definitely spot zoning and previous requests for this type of rezoning have been denied. Mr. Rudisill referred to the American Law of Zoning which defined this as spot zoning and stated that this rezoning would be of no benefit to the City. Chairman Rudisill then closed the public hearing. Motion made by Olson, seconded by Senkler to recommend denial of the rezoning for Raymond and Ramona Wlaschin for the reasons stated above. AYE: Olson, Blanchard, Schreifels, Senkler, Jesinski, Rudisill NAY: Sullivan Motion carried. Wolkerstorfer, Raiolo, Marier - Rezoning - The public hearing was called to order at 7:5OPM. There was no public in attendance to comment. The commission held a brief discussion regarding the possible building site on this property. _ Mr. Joe Wolkerstorfer, Mr. Joe Raiolo, and Mr. Joe Marier have made application to the City of Hugo for the rezoning of a 27 acre tract of land located at the SW corner of 170th St. and county Rd. 57 from Conservancy to Agriculture. It is our understanding the applicants intend to ultimately subdivde the property in question pursuant to City subdivision regulations. In 1986 the applicants made a similar request to the Planning Commission and a public hearing was held however, it was later discovered that the legal description published in the paper was not con- sistent with the 27 acre tract of land in question therefore the public hearing is necessary to reconsider their request. For the purpose of residential develop- ment, conservancy zones require a minimum of 20 acre lot size while agricultural zoning requires a minimum of 10 acre lot size. Again it would appear that this is a request to establish a zoning district for the purposes of accommodating a sub- division of land sometime in the future. In addition to being zoned conservancy the property in question is also identified as lakeshore on the City zoning map. The property in question is surrounded by Conservancy districts, however, the district on the NE corner of 170th St. and Cty Rd. 57 is currently zoned Agri- culture. Commissioner Blanchard noted that the adjacent property to the north is also Agri- cultural, consequently he did not feel this would be spot zoning. Mr. Joel Holsted stated that the reason for the rezoning is because the ten acre parcel has been sold to Mr. Marier. Chairman Rudisill closed the public hearing at 8:02PM. Motion made by Sullivan, seconded by Blanchard to recommend approval of the rezoning of the 27 acre tract for Joe Wolkerstorfer, Joe Raiolo, Joe Marier from conservancy to Agriculture. Described as follows;