November 9, 2010
Minutes of the Planning & Zoning Commission’s hearing for Jared Lewis’ request to rezone 4.78 acres of property located in the NW¼ of Section 15, Township 96 North, Range 16 West from AG to R-1 for the purpose of splitting off a non-conforming lot to obtain a secondary mortgage and possible future sale of said lot.
Planning & Zoning Commission Members present were Michael Goddard, Duane Koch, & Susan Nelson. Roll call of Board members was taken and three (3) out of five (5) members were present, with Thomas Schwab and Dean Tjaden being absent. Also present was Misty Day, Assistant Zoning Administrator.
Applicant Jared Lewis was present for the hearing. Applicant Lewis stated that he bought the whole farm, built a house on the farm, and that the mortgage he has is on the whole farm including the house. With interest rates being so high Applicant Lewis would like to get a secondary mortgage on just the house, in addition to preparing for a possible sale of the house in the future. Co-chair Nelson inquired as to whether the buyer would be building a second house and Applicant Lewis clarified that he would be building the second house on the remainder of the farm. Applicant Lewis pointed out where the current house sits on the property. Co-chair Nelson inquired as to whether Applicant Lewis would keep the farm with the second house and Applicant Lewis stated that he had discussed the possibility of parceling off the farm and creating a minor subdivision with Assistant Day. Member Koch inquired as to what the total acres of the farm was now and how much Applicant Lewis was asking to be split off. It was determined that the farm is 31.69 acres and Applicant Lewis wants to split off 4.78 acres with the current house. Member Koch inquired as to whether Assistant Day explained all the requirements with Applicant Lewis in relation to the minor subdivision and it was determined that she did and that the Auditor was consulted as well. Discussion was had concerning where this property was located. Co-Chair Nelson inquired as to whether Applicant Lewis had this in mind when he bought the property and it was determined that is was Applicant Lewis’ intentions although he did not expect to enjoy living out there so much, which has slowed down his initial plans some. Discussion was had concerning where the driveway and new house would be located. Applicant Lewis pointed out these things on a map, along with where the split will be taking place. Co-chair stated that her only hesitation would be the preservation of prime Ag land in addition to not wanting to set up a situation where you get a bunch of people living out there who would complain about the noise and dust associated with farming. Applicant Lewis stated that all of the land out there was owned by the same person a number of years ago, and they set up restrictive covenants that run with title to the land so him and many of his neighbors are already restricted as to what can be built out there including no hog confinements, animals in excess of 6, etc. Member Goddard also pointed out that there is a lot of timber out there and Member Koch pointed out that the CSR is 73, which is not very good farm ground.
No letters in support of or against the application were received by the Zoning Department, nor was anyone present.
A motion to approve Jared Lewis’ request to rezone 4.78 acres of property located in the NW¼ of Section 15, Township 96 North, Range 16 West from AG to R-1 for the purpose of splitting off a non-conforming lot to obtain a secondary mortgage and possible future sale of said lot, was made by Duane Koch and was seconded by Michael Goddard. Roll call vote was made and the motion was unanimously approved.
Jeff D. Sherman