Agenda - Council - 06/28/1983 - Laserfiche WebLink

Home

I I I I I I I I I I I I '1 I I I I I I TO: FROM: DATE: RE: Mayor and Councilmembers City Administrator June 28, 1983 Ben Deemer Zoning Case Mr. Ben Deemer states that the City changed his zoning without giving him a proper public hearing. In checking this out, the City has never changed the zoning of Mr. Deemer's land. The City did establish a UMB 2 zoning on his property when the City adopted its new zoning ordinance in 1978. However, at that time the City gave the William Aydt and (formerly) Cale Gorham properties a UMB 2 special zoning design with ].imitations because those two properties did not fit into the UMB uses but were grandfathered in under the law. They could continue to operate the business that was there but could not expand it or change it to a business that did not fit into the type of zoning that was assigned to the area. There were changes made to the William Aydt property at his request which made his zoning more restrictive. This was adopted as Ordinance #79-9. The City also adopted Ordinance #79-15 which corrected an error made in the original UMB 2 zoning definition. There has been no change made in the property owned by Mr. Deemer which is his residence and a truss making operation which Mr. Deemer says he still operates when he builds houses. However, there are several questions which should be cleared up. It is my interpreta- tion of the City's zoning ordinance that Mr. Deemer cannot expand the truss operation as it would violate the code. Secondly, the informa- tion I gathered on this case is not clear and it would have to be left up to interpretation as to what Mr. Deemer can manufacture. Inasmuch as Mr. Deemer has raised the question, and I'm sure it will be raised in the future, we probably should review this case and any others that may come up starting at the Planning and Zoning Commission level. We should nail down just what the uses are at these locations in regards to our City zoning ordinance.