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ITEM 1.1ITEM OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL January 7, 2013 7:00 PM Call to Order. Chair Black called the meeting to order at 7:00 PM. Roll Call: Chair Pam Black; Commissioners: David Thompson, Richard Nichols, Tammle Fallon, Aaron Stritesky, Jim Kolles and Brian Gerten, City Council: CM Vern Heidner. Staff: Daniel Licht, City Planner; and Tam! Loff, City Clerk. 1, Consider the following minutes. 1.1 November 19, 2012 Planning Commission Me Commissioner Thompson motioned to approve as written. Seconded by Commissioner Stritesky. All in favor. Motion carried. 2, Public Hearing item: 2A Amending the onNn . to rezone property parcel 118-500-164406 and 118-500-164407 from A-1 District to R-3 District., City Planner Licht presented the Planning Report, City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. Chair Black opened the Public Hearing at 7:07 PM. Ben Ames, 9094 Ogden Avenue NE, stated he is against the rezoning. Mr. Ames submitted a letter from property owners Scott and Lynn Rodby, 9114 Ogden Avenue NE., who were not able to attend the Public Hearing, which stated they have lived next to these two properties for 39 years and have never experienced any problems related to animals and that they are against any change in the zoning. John Heinrichs, 14695 92nd Street, asked what the blue section is outlined on the map. City Planner Licht said there are the outline of two separate parcels that are the subject site; the blue section and the yellow. Mr. Heinrichs asked if the property has changed ownership. City Planner Licht said it is in the process. Mr. Heinrichs asked if this would change the value of the property. City Planner Licht stated the City has no interest in the effect on value that this is only housekeeping of a zoning matter. Mr. Heinrichs stated he is opposed to changing the zoning and said he feels the new owner can look at is if they choose. Chris Mosley, 9047 Ogden Avenue NE, said he is against the change in the zoning. Mr. Mosley said he potentially has an interest in the property as is. Commissioner Nichols asked if there was an offer on the property at this time. city Planner Licht said the City is not aware of any offer, only that it is in the process of foreclosure. Commissioner Gerten asked if both parcels are being rezoned. City Planner Licht said yes. Commissioner Stritesky said the Sheriff sale was in November but the property owner has until May to reclaim. City Planner Licht said that within that 6 months would be an opportunity to maintain keeping farm animals as a non -conforming use if the property owner was to reclaim it. Commissioner Nichols asked if it has been only one person who has filed a complaint with the City, City Planner Licht said we cannot state who or how many as a Data Practices Act requirement. CIM Heidner asked if animals were kept in the pole barn that was removed from this property. City Planner Licht said yes. Commissioner Kolles asked why it was torn down. City Planner Licht said the City is not aware, Commissioner Gerten asked if we couldn't wait to see the use of the new owner. City Planner Licht said the intent would be to change before any future owner so that it can be listed with the R-3 District Zoning. Mike Reiche, 14754 89th Street NE, said he has not had any issue with this property. Mr. Reiche said there is only one pin for that property and questioned how it could be two. City Planner Licht said these are two properties and that they are unplatted so they would not have pins. Mr. Reiche said he would like to see the zoning left as is, Jonathon Pederson,, 9014 Ogden Avenue NE, said that the fence line is 50 feet away from his house and he has never had any issues, Mr. Pederson said he is opposed to the change. Chair Black closed the Public Hearing at 7:23 PM. Commissioner Nichols asked is this change would have any tax effect. City Planner Licht said no the City Assessor goes by the use of the property in determining tax classification, CM Heldner said with the A -I District it is farm animals allowed not just horses correct? City Planner Licht said yes and the amount allowed is based on per animal unit. Commissioner Gerken asked if someone would be allowed to buy and split this property. City Planner Licht said yes and that a plat application would be required as well as street construction for access. Commissioner Stritesky said the property owner could change the zoning at that time if needed. City Planner Licht said yes, Commissioner Stritesky asked if there are plans on how the street will be constructed. City Planner Licht said we do not have that at this time. 2 Commissioner Thompson said he rather see a person with animals in a different location and agrees with the change. Commissioner Stritesky said he feels there should be another recommended option to include not amending because there is not a need right now, City Planner Licht suggested the wording be that the Planning Commission is not recommending amending the Zoning Map because the action is premature. Commissioner Stritesky motioned to recommend the Zoning Map not be amended based on such action is premature. Seconded bar Commissioner rt n. Motion carried 6-1. Commissioner Thompson opposed. 3, Non- Public Hearin item: 3.1 2013 Zoning Ordinance update-; building lype and construction. City Planner Licht presented the Planning Report. The Planning Commission agreed as is and directed a Public Hearing be scheduled for the February 4, 2013 Planning Commission meeting. 4. Update on City Council actions. CM Heldner updated the Commissioners on City Council actions,. 5, Update on future Planning Commission Agenda items, City Clerk Loff said the next meeting will be February 4,, 2013 at 7 PSI 6, Adjourn. Commissioner Fallon motioned to adjourn. Seconded by Commissioner Gerten. All in favor. Motion carried. Adjourned at 8:04 VM. Pam Black, Chair ATTEST: Tauri Loff, City Clerk 3