Minutes-06/08/1988

Morgan: If this is approved, do we have control and who and what do we have control over? Soivey: This is my concern also. It seems the closer we get to commercial the less control we'd have. Stoner: The property should not be R-1 and A-2 now. It's not being used that way. The buildings were not intended for it. Soivey: If a buyer still has to come to the council for approval, why change it now? Stoner: It would allow Bream to sell it easier. The prospective buyer can come and ask the council himself. Morgan: It's zoned for that particular reason, so we have control. It might be a problem for a buyer, but we have to look out for the townspeople and what comes in or out of there. We have to have control. Potter: We'd still have control. Stoner: We'd still have control. Soivey: If we put it into M-1, and someone asks to put something in and the council says no, could we be taken to court? Attorney: Our ordinance defines industrial zones rather narrowly. Right now, only 2 or 3 uses are enumerated. It was left this way for the purpose of having say. If it is zoned M-1, any use provided for in M-1 or a lesser use would be okay. We have provided for electrical sub-stations in M-1 zones. You would make it appropriate for anything provided for in M-1 or lesser. This is a policy decision. Potter: Bream is sitting with something that's worthless. Soivey: If the business is compatible with the town the council would say "yes". The closer we come to commercial the more problems we'd have. The homes were there long before Bream or McCrabb. We can't jeopardize for a fertilizer station or something else the town doesn't want. If we were sure we could control it, that would be fine. Morgan: I know we need new jobs but we represent the people here. The people want to be in control of what comes in. Attorney: If someone comes with a proposal and they conform with a use provided for under the ordinance, the zoning ordinance is the only criteria for granting or denying a permit. The building code would probably not apply. Morgan: If something comes along that's good for the town, we won't deny it. Stoner: What about the possibility of litigation against the city for restraining free business? Attorney: The city has police power to zone property according to a comprehensive plan. One could conceivably say the town has to provide for a place, but I don't think there's too much to that. The city can't act capriciously, but the council is given a lot of discretion in zoning matters. The court would uphold the city. I couldn't say for sure, but it's an unlikely recourse against the council. Potter: Every time he gets a prospective buyer, he has to come to the council and P&Z all over again? Attorney: Yes. Stoner: Which part is R-1 and which is A-2? Clerk: The smaller A-shaped building is zoned A-2. The zone was specially created when he wanted to expand the business. The rest is zoned R-1. Stoner: It's not a residence and should not be zoned that way. Soivey: If it was zoned M-1 anything commercial would also be allowed. Someone could put something in that the town doesn't want. Motion Soivey second Morgan to deny reading of proposed ORDINANCE TO AMEND ZONING ORDINANCE NO. 83 OF THE MUNICIPAL CODE OF TIFFIN, IOWA BY CHANGING THE USE