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CASE #4: <br /> <br />REQUEST FOR A CONDITIONAL USE PERMIT FOR A GREENHOUSE IN AN <br />R-I RURAL RESIDENTIAL DISTRICT; CASE OF GREEN VALLEY <br /> GREENHOUSE, MR. WAYNE DAVIS " <br /> By: Acting Community Development Director Sylvia Frolik <br /> <br />Background: <br /> <br />Since 1977, Mr. Wayne Davis has owned and operated Green Valley Greenhouse at his home at <br />6530 Green Valley Road. The subject property is zoned R-1 Rural Residential and agriculture is a <br />permitted used in that zone. However, City Code definition of agricultural uses includes flower <br />nurseries, but without buildings. Mr. Davis' nursery operation includes a permanent building in <br />addition to the temporary greenhouses located on the property and on that basis is considered a pre- <br />existing non-conforming use. <br /> <br />In addition, the building accessory to the flower nursery exceeds City Code regulations for size <br />and height limits for accessory structures and on that basis is considered a pre-existing non- <br />conforming structure. <br /> <br />Mr. Davis is proposing to expand the accessory building which constitutes an expansion of a non- <br />conforming use and non-conforming structure for which a conditional use permit is required. <br /> <br />Observations: <br /> <br />According to City Code, Mr. Davis is allowed 4,944 square feet of accessory structure space in <br />addition to the garage attached to the home. The existing accessory structure is 4,050 square feet <br />and the proposed expansion to it is 4,860 square feet for a total square footage of 8,910. The <br />existing height of the building is approximately 26 feet and that is not proposed to be expanded. <br /> <br />MSA 16B.62 states that agricultural buildings in which no retail activity is to take place are exempt <br />from State and City building code requirements. Mr. Davis has stated that no retail activity will be <br />carried on in the accessory building. However, the exemption from building code requirements <br />does not mean that agricultural buildings are exempt from local land use and zoning regulations. <br /> <br />It would appear that a greenhouse is a legitimate use within the rural area, particularly with 4 in 40 <br />density zoning in effect. <br /> <br />On July 24, 1990, City Council tabled action on the request to allow the applicant more time to <br />respond to the City Engineer's review dated July 18, 1990. <br /> <br />The following items are enclosed for your information: <br /> <br />a) <br />b) <br />c) <br />d) <br />e) <br /> <br />Site location map <br />Revised site plan (will be available at the meeting) <br />City Engineer's follow-up report dated July 27, 1990 <br />Proposed findings of fact <br />Proposed conditional use permit <br /> <br />Review Checklist: <br /> <br />City Administrator <br />City Attorney X <br />City Engineer X <br />Community Development Director X <br /> <br />Chief of Police <br />Finance Officer <br />Planning & Zoning Commission <br />Other <br /> <br /> <br />