06-17-1985 CC MIN - Laserfiche WebLink

Home Browse Search

City Council Minutes June 17, 1985 Page Two Mayor Hinkle opened the meeting for public hearing. No one spoke for or in opposition of the Jerald Bernard Variance Request. Mayor Hinkle closed the public hearing. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE REQUEST FOR VARIANCE FROM MR. GERALD BERNARD. COUNCILMEMER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Ordinance Amendment Request by Mr. Ed Shimek - P.H. Planning Commissioner Arlon Fuchs introduced a request by Mr. Ed Shimek of 10709 West River Road, Brookly Park. for an ordinance amendement to allow produce markets as a principal use in the C-3B Highway Commercial Zoning District on East Highway #10. Commissionner Fuchs indicated that Mr. Shimek wish to improve and expand an existing produce market in the C-3B Highway Commercial district, but as the produce market is presently a nonconforming use, Mr. Shimek would be very limited in the extent of improvements that could be made to the property. Commissioner Fuchs stated that the Planning Commission unanimously recommended approval of the ordinance amendment. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the ordinance amendment request. Mayor Hinkle closed the public hearing. Mr. Shimek explained that he has signed a purchase agreement for the property, contin- gent upon approval of the ordinance amendment. He further explained that he wished to improve and expand the business as a farm and garden market. Rick Breezee, Building and Zoning Administrator, informed the City Council that Mr. Shimek could continue operation of the produce market at its present level even though it is a nonconforming use, since the ordinance allows transfer of ownership of a nonconforming use if operation of the nonconforming use has not ceased operation for less than 12 months. He further stated that Mr. Shimek has expressed his intention to clean up the property and turn it into an attractive and profitable business but would not be able to carry out his plans without becoming a conforming use. Discussion was carried on regarding the Wohlner produce market located on Highway #10 in a C-3A Zoning District and complaints associated with the operation as being an eyesore. Councilmembers Gunkel and Schuldt expressed their concerns that if produce markets were allowed as principal uses in the area proposed by Mr. Shimek, virtually anyone could come in and set up a sub-stand operation such as Mr. Wohlner has. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ORDINANCE AMENDMENT TO ALLOW PRODUCE MARKETS IN THE C-3B HIGHWAY COMMERCIAL ZONING DISTRICT. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION FAILED 3~2. COUNCILMEMBERS GUNKEL AND SCHULDT OPPOSED.