Minutes - Council - 06/10/1997 - Laserfiche WebLink

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Case #8: Adopt Findings of Fact to Support Denial of Request for Rezoning; Case of Good Value Homes and Robert Maxton Zoning Administrator Frolik stated that Robert Maxton, property owner, and John Peterson of Good Value Homes requested a rezoning of property located north of 153rd Avenue and west of T.H. #47 from commercial to residential to facilitate the development of single family homes on the site. She reported that the Planning Commission conducted the public heating and recommended approval of the request for rezoning. On April 22, Council adopted the findings of fact of a positive nature, relating to the rezoning application and introduced an ordinance by a 3 to 2 vote (4/5 required). Staff was directed to draft a resolution for Council consideration that would establish a negative findings based on Council's discussions of the application. She presented a resolution for negative findings. City Attomey Goodrich suggested that Findings #8 which states that the area residents present at the public hearing spoke out in opposition to the proposed rezoning also state their opposition to the rezoning. In response to that, Ms. Frolik suggested adding "because of concerns for traffic congestion, impact of urban densities on rural densities and reduction in inventory of commercial acreage." Motion by Councilmember Zimmerman and seconded by Councilmember Beyer to include Ms. Frolik's suggested verbiage for Findings #8. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmerman and Beyer. Voting No: Councilmembers Beahen and Haas Steffen. Motion by Councilmember Zimmerman and seconded by Councilmember Beyer to adopt Resolution #97-06-147 to rescind Resolution #97-04-080 and adopt revised Findings of Fact #0430 relating to a request for rezoning from Robert Maxton and Good Value Homes. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmerman and Beyer. Voting No: Councilmember Beahen and Haas Steffen. Case #9: Request for Extension to Required Site Improvements; Case of Doug and Julieann Hills Zoning Administrator Frolik stated that, in 1993, the City Council amended the performance standards for the B-1, B-2 and B-3 Business Districts to require all unimproved commercial sites to install the required site improvements (pavement and curbing) by January 1, 1997, unless an extension was applied for and approved by the City Council. On November 26, 1996, Council granted a blanket extension to all non-conforming properties to install the required site improvements by October 1, 1997. Ms. Frolik noted that Doug and Julieann Hills entered into a contract for deed to purchase the property at 7445 Highway #10 NW in 1984. They have taken the position that they have lawful non-conforming (grandfather) rights for automobile sales, lease and repair on their property. City staff is not disputing the use of the property. In fact, in 1990, City Council/June 10, 1997 Page 8 of 17