03/07/89 - Laserfiche WebLink

Home

Further Discussion: Commissioner Hendriksen inquired if the Planning Commission will have the opportunity to review the site plan again because he is not in favor of the developer using fiberglass to meet the 50% non-metal requirement. Commissioner LaDue noted that City Staff and City Council will have the power for final approval on the site plan. Mr. Banwart noted that he does not believe fiberglass will meet the code requirement for a noncombustible material. Motion carded. Voting Yes: Chairman Zimmerman, Commissioners Hendriksen, LaDue, Terry and Shumway. Voting No: None. Absent: Commissioners Howell and Holm. Case #4: Request For A Conditional Use Permit To Maintain A Horse Hobby Farm; Case Of Rhonda Williams And Philip Swiggum: Motion by Commissioner Hendriksen and seconded by Chairman Zimmerman to forward Rhonda Williams' request for a conditional use permit to the City Council without benefit of a recomendation from the Planning and Zoning Commission. Further Discussion: Commissioner Hendriksen explained that the basis for his motion is that the Planning and Zoning Commission is of the opinion that the City ordinance relating to the keeping of horses that currently exists does not realistically reflect what it requires to properly care for horses and is not being agressively enforced by the City. In addition, the Planning and Zoning Commission has attempted to draft what they feel is a more realistic horse ordinance, but have been unable to gain concurrence or any constructive input into gaining concurrence from City Council. Commissioner Shumway stated that the proper procedure would be to restate to City Council the Commission's stance with regard to the proposed amendment to the horse ordinance and make a recommendation regarding Ms. Williams' request. Commissioner LaDue agreed that the Commission is a recommending body to Council and should make a recommendation. Commissioner Hendriksen stated that he introduced the motion as he did because he does not know how to approach the proposed findings of fact in this case -- based on the current ordinance or based on the reality of what it requires to care for horses. Commissioner Shumway stated that the Commission should make a recommendation based on what is practial and not the ordinance in effect. Commissioner Shumway noted that a conditional use permit is not going against the law; it is allowing for a use beyond the law. Motion carried. Voting Yes: Chairman Zimmerman, Commissioners LaDue and Hendriksen. Voting No: Commissioners Terry and Shumway. Absent: Commissioners Howell and Holm. Chairman Zimmerman noted that this case appeared to have more to do with neighborhood personalities rather than the use being proposed. Commissioner Hendriksen agreed that this case had all the earmarks of a neighborhood feud and he doesn't feel land use issues should be decided based on popularity contests; a realistic horse ordinance is essential and needs to be acted upon. Case #5: Request For A Conditional Use Permit To Operate A Waste Tire Processing/Manufacturing Facility On Industrially Zoned Property; Case Of Waste Management Of Minnesota, Inc.: Earlier in the meeting, this case was rescheduled to a special Planning and Zoning meeting Planning & Zoning Commission/March 7, 1989 Page 6 of 8