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Plymouth Minutes The regular meeting of the New Plymouth Planning and Zoning Commission was held at the New Plymouth City Hall on Monday, July 28, 2008 at 7:33 p.m. Commissioners Tegethoff, Williamson, Presnell, Scheihing and Nay were present. Byers and Balcer were absent. Guests included Karen LaCrone, Shirley Johnson, Sandy Bosworth, Mr. Bosworth, Shelly Neil, Kip Mitchell, Blane Nay, Jerry Jones, Joe Cook, Ray Gilpin, Gaye Colvin, Mark Johnson, and Cora Kurth. The agenda was presented to the Commission. Commissioner Williamson made the motion to approve the agenda as presented. Commissioner Presnell seconded the motion, which met with full approval. Commissioner Williamson made the motion to approve the May 27, 2008 public hearing and regular meeting minutes. Commissioner Presnell seconded the motion, which met with full approval. Old Business: None presented. New Business: a. Karen LaCrone - Zone Change Application (216 West Idaho): Commissioner Williamson stated that it would be best to leave the property zoned Industrial but to put emphasis that it is a grandfathered use as Residential. Commissioner Scheihing explained that State Code regulates that a non-conforming use must obtain permission if it is destroyed beyond 60%. Scheihing added that other applications have been denied to avoid spot zoning. Williamson stated that allowing spot zoning completely negates the purpose of having zoning in the first place. Tegethoff asked if the Commission was willing to make a compromise if they were unable to get funding. Williamson stated that they would need to get a conditional use permit. Commissioner Scheihing made the motion to deny the zone change at 216 West Idaho to avoid spot zoning and that the close proximity of the highway and railroad track shows that the property is properly zoned as Industrial, but emphasized that the residential use is "grandfathered" and that there is a possibility of obtaining a conditional use permit, if it is ever needed. Commissioner Williamson seconded the motion. Scheihing, Williamson, and Presnell voted aye. Nay voted against the motion. Motion carried. b. Karen LaCrone - Comprehensive Plan Change Application (216 West Idaho): Commissioner Scheihing made the motion to deny the comprehensive plan change at 216 West Idaho to avoid spot zoning and that the close proximity of the highway and railroad track shows that the property is properly zoned as Industrial, but emphasized that the residential use is "grandfathered" and that there is the possiblity of obtaining a conditional use permit, if it is ever needed. Commissioner Williamson seconded the motion. Scheihing, Williamson, and Presnell voted aye. Nay voted against the motion. Motion carried. c. Kip and Cheryl Mitchell - Conditional Use Permit Application (310 E. Ash ): Commissioner Nay made the motion to approve the conditional use application to allow the placement of a trailer home on the property located at 310 East Ash. Commissioner Williamson seconded the motion, which met with full approval. Commissioner Scheihing made the motion to review the hardship in two years. Commissioner Williamson seconded the motion, which met with full approval. d. Blane Nay - Transfer of Development Rights (Impact Area): Blane Nay (3888 SW 3rd Avenue, New Plymouth) described the map within the Commission's staff report. Showed the Commission the properties involved in the transfer. Nay is asking to transfer a development right across a canal from 16 acres to the 4.83 acre parcel. Each lot will have shared use of the pump and this use has been deeded to protect future owners of the properties. Commissioner Williamson abstained. Commissioner Scheihing made the motion to approve the transfer of development rights from the larger parcel of land to the smaller parcel. Commissioner Presnell seconded the motion, which met with full approval. At 7:46 p.m., Commissioner Nay made the motion to adjourn the regular meeting. Commissioner Williamson seconded the motion, which met with full approval.
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