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C SE #5. <br /> <br />REQUEST TO REZONE CERTAIN PROPERTY FROM B-1 BUSINESS <br />TO R-1 RURAL RESIDENTIAL; CASE OF C. THOMAS AUSTIN <br /> By: Zoning Administrator Sylvia Frolik <br /> <br />Background: <br /> <br />Tom Austin is the fee title owner of a 4.7 acre parcel located south of T.H. 4/10 and west of the <br />Wayside Park. Although the property is zoned commercial, it has been used for residential <br />purposes for decades. The existing home is vacant and in disrepair and Mr. Austin would like to <br />demolish it and build a new home on the property. The existing home is considered non- <br />conforming or 'grandfathered' (pre-existing dwelling on commercial property), and because it has <br />been vacant for more than 6 months and because it is to be destroyed to more than 50% of it's <br />value, it loses its 'grandfather' rights and redevelopment of the property must be in conformance <br />with its zoning and current regulations. Therefore, Mr. Austin has applied for a rezoning to enable <br />him to build a new home on the property. The following items are enclosed for your information: <br /> <br />a) <br />b) <br /> <br />Site location map <br />Proposed findings of fact <br /> <br />Notification: <br /> <br />In accordance with State Statute, City Staff mailed notification of the public hearing for rezoning to <br />persons owning property within 350 feet of the subject property. <br /> <br />Observations: <br /> <br />In addition to the non-conformity with zoning, the existing dwelling on the property does not meet <br />the requ/red setback from the Mississippi River as established in the Critical River Corridor <br />regulations. The new dwelling to be constructed by Mr. Austin would meet the current setback <br />requirements. <br /> <br />The 1980 Comprehensive Plan indicates that the existing zoning of the property was commercial, <br />that the existing use was residential, and that the proposed 1990 zoning map should convert the <br />zoning to R~ 1 Rural Residential. <br /> <br />Recommendation: <br /> <br />City Staff recommends approval of the proposed rezoning. <br /> <br />Commission Action: <br /> <br />Motion to: <br /> Recommend that City Council adopt Resolution g96-08- adopting Findings of Fact <br /> # relating to a request from C. Thomas Austin to rezone certain property from B-1 <br /> Business to R-1 Rural Residential. <br /> <br />-and- <br /> <br />Motion to: <br />Recommend that City Council approve/deny the request from C. Thomas Austin to rezone <br />certain property in Section 19 from B-1 Business to R-1 Rural Residential. <br /> <br />PC: 8/6/96 <br /> <br /> <br />