06.01 - Req for Appeal-Dog Boarding-Public Hearing

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Courts commonly note that the underlying question is whether the zoning decision advances the health, safety, and welfare of the community. A zoning decision that merely provides for Individual benefit without a relationship to public benefit cannot be legally supported. Where a particular zoning decision is not supported by a public purpose, the zoning decision is arbitrary and may be subject to invalidation as unlawful spot zoning. When reviewing spot zoning claims, the majority consider: 1. the size of the parcel subject to rezoning; 2. the zoning both prior to and after the local government's decision; 3. the existing zoning and use of the adiacent properties; 4. the benefits and detriments to the landowner, neighboring property owners, and the community resulting from the rezoning, and S. the relationship between the zoning chanae and the local government's stated land use policies and objectives. Spot zoning is invalid and inconsistent because it amounts to an arbitrary, capricious, and unreasonable treatment of a limited area within a particular district and is, therefore, a deviation from the comprehensive plan. 8. Interpretation of Zoning Map. Regardless of existence of purported copies of the Official Zoning Map which may from time to time be made or published, the official Zoning Map, which shall be located in the office of the City Clerk, shall be the final authority as the current zoning status of land and water areas, building and other structures in the city. `. Comment: Breezy Pines is one of less than three platted subdivisions within the City. The ratio of available acres of AG, FM or C significantly outnumbers the land zoned rural residential and would be consistent with the intent to place a kennel in one of these zones. Section 17 -5.6 RURAL RESIDENTIAL (RR) 1. Purpose and Intent: To provide a zoning classification that allows for low- density residential development. Development in this zone is without municipal utility service and with only limited demand for accessibility. Rural Residential zoning should be used to preserve rural character. 2. Compatibility: The Rural Residential zone is compatible with and can be established adjacent to Forest Management and Agriculture zones, but may not be completely surrounded by those zones. The Rural Residential zone must be adjacent to land zoned Rural Residential, Transition Residential, Light Industrial or Commercial. The Rural Residential zone may be established next to the Shoreline Residential zone or the Water Resource zone. 3. Lot. Use and Density Requirements. Lot Width - feet, minimum ........... ............................... ............................200 Buildable Lot Area - acres, minimum ............................ ..............................5 Setback, right -of -way, local streets - feet, minimum .... .............................50 Setback, right -of -way, collector and arterial streets -feet, minimum ............................................................. .............................50 Setback, side - feet, minimum ....................................... .............................25 Setback, corner side - feet, minimum ........................... .............................40 Setback, sign - feet, minimum ....................................... ..............................1 Setback, wetland - feet, minimum ................................ .............................50 Maximum impervious coverage ............................. ............................... 15% Maximum Building Height - feet .................................. .............................25 Accessory Structure Size — square feet, max, cumulative ............................. ................................................... ............................... 2,000 for first 2.5 acres ................................. ............................... 1,000 for each additional 2.5 acres Page 11 of 20