City Planning Commission approves rezoning for Ashley property after testimony on encroachment

The City Planning Commission approved the rezoning of a roughly 0.131-acre parcel owned by Don and Sue Ashley from R-1 to M-1 following brief testimony explaining a property encroachment.

The action was taken during a public meeting after an applicant representative identified only as John said a recent survey found a “slight encroachment of part of the parking lot and an air conditioner on the main building” onto an adjacent property. "Nothing but the truth," John said after being sworn in before giving his statement.

The rezoning request accompanies paperwork to consolidate a parcel that had partly been in the City of Peru; John told the commission that the city had detached the portion that had been inside Peru so the petitioners could create a single legal parcel and rezone it to M-1, to match the adjoining property. John said the total area of the parcel under consideration is 0.131 acres and that a copy of the survey was attached to the petition.

Commissioners first made the meeting exhibits part of the record and waived the formal reading of the legal description. A commissioner moved to approve the rezoning; Larry Hap seconded. In a roll-call vote the following members voted yes: James Brady; Jessica Durrance; John Fletcher; Nicole Gertin; Larry Hap; Art Hautauer; Pat Iwanekke; Mike Nieslowski; Sam McNealy; and Dale Timon. Tom MacKaye was present but did not vote. The motion carried.

During the discussion commissioners did not raise additional conditions or request further study in the transcripted remarks. The record shows the packet included a survey and a petition from Don and Sue Ashley; the commission treated the item as a single, straightforward rezoning request tied to the corrected parcel description. After the vote the meeting proceeded to other business.