1990-04-03 Minutes - Laserfiche WebLink

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Pursuant to clue call and notice thereof the Planning and Zoning Commission of the City of Centerville held their regular meeting • Tuesday, April 3, 1990 at City Hall. Chairman Tourville called the meeting to order at 7:10 p.m. Present: Welk, Vermeulen, • Wilharber, Liaison Neumann. Absent: Drilling. Motion by Vermeulen, second by Welk to approve the March 8, 1990 meeting minutes, aye - Welk, Vermeulen, Tourville; Abstain: Wilharber, motion carried. OLD B SIN SS: POSSTBTLTTY OF AMENDING ORDINANCE #4 ARTICTE 4 NON CC USES AND STRUCTURES. Chairman Tourville questioned the legalities of Section 45.04 AMORTIZATION PERIOD FOR BUILDINGS as to whether or not it could be enforced. Commission member Welk noted that it seems to imply tearing down of a non- conforming structure. Chairman Tourville expressed that, in his opinion, unless the non - conforming structure was a health hazard, and that the structure would be on private property, the burden of proof would be on the City as to why the non - conforming structure should be to be removed. Commission member Welk also noted that the age of a building has nothing to do with whether or not it could be a health hazard. Chairman Tourville noted that the moving of a Contractor's Yard from commercial to industrial created non- conforming uses. Commission member Welk noted that a special use permit would be needed to add on to a non- conforming structure. Chairman Tourville questioned on how to deal with a use that the community deems permissible from a common sense point, but the Ordinance does not permit that use. Commission member Welk felt that the Ordinance gives the City more control. She also questioned as to what kind of justification would be given to the people permitted under a special use permit versus the people who are denied a special use permit for a non- conforming use. Chairman Tourville and Commission member Welk felt it may be unfair to people who were conforming before an amendment to the Ordinance, if they should want to expand they would not be permitted. Chairman Tourville felt that exceptions need to be allowed, citing Eagle Trucking as an example.