Polk County considers change to zoning rules to allow hardship cases

Published 6:02 pm Monday, September 28, 2009

Polk County commissioners will consider approving a zoning text amendment to allow for hardship cases. The amendment has been recommended by the county&39;s planning board following the case of John B. Foster. He originally submitted a request to rezone his RE-1 neighborhood in order to place a mobile home on his property for his granddaughter.

The county planning board recommended to deny his request, but also to allow time for a text amendment to allow for hardship cases such as Foster&39;s. The planning board met recently and drafted an ordinance establising a mobile home overlay zoning classification (MHO), which commissioners are now considering.

Commissioners set the public hearing on Oct. 5 at 7 p.m. Commissioners said this week they also likely will vote on the new ordinance on Oct. 5.

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If the new mobile home overlay classification is approved for Foster&squo;s area consisting of&bsp; 132.4 acres, Foster can then get approval from the Polk County Zoning Board of Adjustment for a conditional use permit to place a mobile home on his property.

&dquo;The mobile home overlay classification (MHO) is intended to provide a means for homeowners to provide housing for family members on the lot on which the homeowners&squo; home is located ,&dquo; says the county&squo;s proposed text for the overlay zoning clasiification.

Standards for the conditional use permit include that a substantial hardship, including a financial hardship, exists which will be alleviated by the placement of an accessory mobile home.

The mobile home must be situated on the property in such a manner that minimizes its impact on adjoining property owners and the mobile home is limited for residency by a member or members of the family of the resident owner. Family member is described as within the third degree of kinship.