Agenda - Council - 08/13/1996 - Laserfiche WebLink

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I I I I I I I I I I I I I I ! I I I CASE REQUEST TO REZONE CERTAIN PROPERTY FROM B-1 BUSINESS TO R-! RURAL RESIDENTIAL; CASE OF C. THOMAS AUSTIN By: Zoning Administrator Sylvia Frolik Background: Tom Austin is the fee title owner of a 4.7 acre parceI located south of T.H. #10 and west of the Wayside Park. Although the property is zoned commercial, it has been used for residential purposes for decades. The existing home is vacant and in disrepair and Mr. Austin would like to repak it for use an accessory storage building and build a new home on the property. The existing home is considered non-conforming or 'grandfathered' (pre-existing dwelling on commercial property), 'and beCause it has been vacant for more than 6, it loses its 'grandfather' fights and redevelopment offthe property must be in conformance with its zoning and current regulations. Therefore, Mr. Austin has applied for a rezoning to enable him to build a new home on the property. The following items are enclosed for your information: a) b) c) d) Site location map Draft public hearing minutes (will be available at the meeting) proposed findings of fact proposed ordinance Noti fi ca ti on: in accordance with State Statute, City Staff mailed notification of the public hearing for rezoning to persons owning property within 350 feet of the subject property. Observations: in addition to the non-conformity with zoning, the existing dwelling on the property does not meet the required setback from the Mississippi River as established in the Critical River Corridor regulations. The new dwelling to be constructed by Mr. Austin would meet the current setback requirements. The 1980 Comprehensive Plan indicates that the existing zoning of the property was commercial, that the existing use was residential, and that the proposed 1990 zoning map should convert the zoning to R~ 1 Rural Residential. The Planning Commission conducted a public hearing regarding the request for rezoning on August 6 and there were no written or verbal comments submitted. Recommendation: The Planning Commission and City Staff recommend approval of the proposed rezoning. Council Action: i/ce/e /cde 4 Adopt ResOlution 4/96-08- ] ~ adopting Findings of Fact 4/0 t~0relafing to a request from C. Thomas' Austin to rezone certai.n property from B-1 Business to R-1 Rural Residential. -and- Motion to: introduce Ordinance//96- to R-1 Rural Residential. __ rezoning certain property in Section 19 from B-1 Business CC: 8/13/96