09-28-1982 PC MIN - Laserfiche WebLink

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Planning Commission Minutes September 28, 1982 Page Four Mrs. Balfanz asked if this ordinance \Vas dra1;VIl up so they (Axelson's) can do \vhat they would like to do; add to their home. Rick Breezee indicated that this was not drffiVll up just for them; the City is trying to deal with all nonconforming uses. Discussion was carried on regarding the length of time it is taking to consider this particular problem. Chairman Tracy indicated that it is taking longer be- cause of the strict interpretation and the complexity of the problem. Discussion was also carried on regarding the procedure for this type of variance in regard to nonconforming uses. The City Administrator indicated that the ord- inance is intended to be tough. The City Administrator indicated the intent of the ordinance was for very "unique" situations; not one-in-a-dozen. The City Administrator further indicated that possibly a zoning ordinance could be made for this type of problem. Commissioner Gunkel indicated she felt the \vord "variance" should be taken out of the ordinance. The City Administrator indicated it was set up using variance procedures. Rick Breezee indicated that the reason the nonconforming question is so difficult is that first of all, there are no statutes for expanding nonconforming uses and secondly, most Cities have nonconforming uses with no change being made possible. Discussion was carried on regarding the procedure for notifying people when they become nonconforming through a zone change. Discussion was also carried on regard- ing the flexibility of the City in problems such as this. Discussion was carried on regarding the complexity of this item with regard to possible zone changes. Also discussed was the fact that the Planning Commission was back where they were in their thinking when this item was first presented to them. It was :the general consensus of the Planning Commission and the Mayor that a workshop be held regarding this item of expansion of nonconforming uses. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISISSIONER GUNKEL TO RECOMMEND A WORKSHOP BE HELD WITH THE PLANNING COMMISSION, THE CITY COUNCIL, THE CITY PLANNER AMD THE CITY ATTORNEY TO DISCUSS THIS ITEM. MOTION PASSED 4-0. It was the general consensus of the Planning Commission to hold the workshop after October 14th, 1982. Rick Breezee indicated to the Planning Commission that they should be aware that they should consider what is best for the City as a whole. Commissioner Gunkel indicated that when we have come up with nonconforming uses, we should notify the people they are as such. Rick Breezee indicated that staff will notify the ones that have been denied a variance because they \Vere nonconform- ing.