Planning & Zoning Commission

Planning & Zoning Commission Meeting Agenda December 1, 2025 - 5:30 PM City Council Chambers, City Hall, 3rd Floor, 1528 Third Avenue, Rock Island, IL 1. Call to Order 2. Roll Call Michael Creger, Reshanda Johnson, Donald Mewes, Norm Moline, Samuel Odeyemi, Maureen Riggs, Bill Sowards, Tanja Whitten, Sarah Wright 3. Public Comment 4. Minutes a. Approval of the November 3, 2025 Meeting Minutes Motion: Move to approve the November 3, 2025 Meeting Minutes VV Voice vote is needed. 5. Old Business 6. Public Hearings a. 2025-26: Public hearing request from John Henschen to consider a variance from the Rock Island Zoning Ordinance for property at 1720 Big Island Parkway in an R-1 (one unit residential) district. RC Roll Call vote is needed. b. 2025-27: Public hearing request from Tom Lawrence to consider a variance from the Rock Island Zoning Ordinance for an unrelated group use for property at 3312 7th Avenue in an R-2 (one-and-two unit residential) district. RC Roll Call vote is needed. 7. Other Business/New Business a. Approval of the 2026 Public Meeting Schedule. b. Community Listening Session #2 on the Proposed Urban Agriculture Ordinance 8. Adjourn This agenda may be obtained in accessible formats by qualified persons with a disability by making appropriate arrangements from 8:00 am to 5:00 pm, Monday through Friday, by contacting the City Clerk's Office at (309) 732-2010 or visiting in person at: 1528 Third Avenue, Rock Island, IL 61201. Page 1 of 22  Rock Island Planning & Zoning Commission Minutes Council Chambers, City Hall, 3rd Floor 1528 3rd Avenue November 3, 2025 5:30 PM Voting Members Present Mike Creger Sarah Wright Tanja Whitten Maureen Riggs Samuel Odeyemi Reshanda Johnson Bill Sowards Voting Members Absent Norm Moline Don Mewes Staff Present Eunice Amissah-Mensah, Urban Planner Tanner Osing, Planning & Zoning Manager Call to Order and Roll Call Chair Riggs called the meeting to order at 5:35 PM and read the roll call. Public Comment No members of the public wished to comment so the meeting continued. Approval of the Previous Meeting Minutes Whitten moved to approve the minutes for October 6, 2025. Wright seconded the motion. The motion carried on a vote of 7 to 0. Old Business None Public Hearings None Other Business Community Listening Session for the Urban Agriculture Ordinance Osing provided an ordinance overview, purpose of the ordinance and key provisions of the updated ordinance. Members of the public spoke on the updated ordinance. -1- Page 2 of 22 Pamela Seales expressed support for gardening and healthy food cultivation but raised concerns about poorly maintained gardens in the West End. Moses Robinson reported long-standing issues with unmanaged gardens around his home, citing safety concerns from plants that block visibility. Ian Forslund voiced support for urban agriculture and the ordinance draft, but raised concerns on restrictions for season-extending structures. Isaac Carr of QCAIR, speaking for immigrant and refugee communities, emphasized cultural differences and the need for support in understanding local rules. Hannah Harris urged the City to explore managed community garden models, warned against overly strict rules that could trigger unnecessary complaints, and emphasized the need for fair enforcement and better public outreach. Ann McGlynn of Tapestry Farms highlighted the nonprofit’s work growing and distributing produce in Rock Island. Alderperson Evans noted that the conversation was necessary, emphasizing the need to raise awareness and foster neighborliness. Andy Parer questioned whether provision of the proposed ordinance were in compliance under the State’s Garden Act. Penny Gillett recommended the city partner with universities and refugee-support organizations to address language barriers and provide gardening guidance. Ashley Madison stated that the West End is oversaturated with gardens, citing pests and unmaintained lots, and supported using empty fields instead of residential yards. Osing concluded the listening session by outlining the next steps in the process. Adjournment Chair Riggs adjourned the meeting at 7:20PM. Minutes submitted by Eunice Amissah-Mensah. -2- Page 3 of 22 Memorandum To: Rock Island Planning & Zoning Commission From: Subject: 2025-26: Public hearing request from John Henschen to consider a variance from the Rock Island Zoning Ordinance for property at 1720 Big Island Parkway in an R-1 (one unit residential) district. RC Roll Call vote is needed. Date: December 1, 2025 Introduction and Background Information: Applicant: John Henschen Location: 1720 Big Island Parkway Size of Property: The property measures approximately 138,339 square feet. Topography: The property slopes down from south to north by approximately 2 feet. Zoning History: None Existing Land Use & Zoning: The property is zoned R-1 (one-unit residential) district. To the north, south, east and west are all properties zoned R-1 (one unit residential) district. Project Details: Through the permitting process, it was revealed the applicant intended to locate a garage in the front yard of the property. The applicant was informed that a variance will be needed for the garage to be located in the front yard. Requested Action and Affected Requirements: The request is for one (1) variance from the Zoning Ordinance to maintain a shed in the front yard at the property as described in Table 1. Table 1 Variance Requested Action Affected Zoning Requirements (1) To locate a 24’ by 30’ garage in the front yard of the Accessory structures such as property that is 114ft away from the front property garages are not allowed in the line along Big Island Parkway. front yard. (Chapter 11, Section 6-A) Conditions to Authorize Variances & Staff Analysis: Variances shall only be authorized if two (2) of the three (3) conditions as provided in Chapter 8, Section 6-A Page 4 of 22 of the Zoning Ordinance are found. The Commission will make the final decision regarding this request. Table 2 includes the conditions to authorize variances with the corresponding staff analysis and conclusion of if the condition is met. Table 2 Conditions to Authorize Variance Staff Analysis Meets Condition (Yes/No) Staff reason the property can yield No 1. The property in question a reasonable return without the cannot yield a reasonable variance. While staff recognize the return if permitted to be irregular shape and size of the used only under the property, the property has an conditions allowed by the existing attached garage which regulations in that zone; provides a reasonable and functional accommodation for typical vehicle and storage needs. The inability to construct a garage in the preferred location does not deprive the owner of reasonable use of the land, as the primary residential function remains fully intact. The property presents unique Yes 2. The plight of the owner is conditions due to its irregular lot due to unique shape, the unusual orientation of circumstances. There are the dwelling, and its substantial exceptional or overall size. While the proposed extraordinary garage is technically located within circumstances or the ‘front yard,’ the depth of the conditions applying to the parcel allows it to be set much property in question as to farther back than a typical front- the intended use of the yard structure, preventing it from property that do not apply appearing as a conventional front- generally to other yard accessory building. properties or classes of uses in the same zoning district; and The proposed garage will not Yes 3. The variance, if granted, extend past the front building line will not alter the essential of neighboring properties. Given character of the locality. the large size of the parcel, the Such variance is structure can be placed with necessary for the substantial setback from the preservation and roadway, minimizing visual impact. enjoyment of a substantial Staff reason that the variance will property right-of-way not alter the character of the possessed by other neighborhood. properties in the same zoning district and in the vicinity. Previous Council Action (if any): Page 5 of 22 N/A Budget Impact: N/A Additional Information as applicable (i.e. provide alternative options, community or staff input, staffing impact; resident impact; etc.): N/A Council Goal (if applicable): N/A Recommendation: The Community Development Department recommends that the Commission approve the variance as there is a unique circumstance and the garage will not alter the character of the neighborhood. Submitted by: Eunice Amissah-Mensah, Urban Planner Approved by: Page 6 of 22  Variance for a Garage Located in the Front Yard Note: The information presented is not survey accurate and is for illustrative purposes only. PZ Case 2025-26 Subject Property C2 Parcels R1 R1 Zoning District Proposed 24' x 30' Garage I Location House 0 25 50 100 150 200 Feet City of Rock Island 63RD AV W COMMUNITY DEVELOPMENT DEPARTMENT Page 7 of 22 Figure 1: Photo showing house from Big Island Parkway Page 8 of 22 Figure 2: Photo showing proposed garage location Page 9 of 22 Page 10 of 22 Memorandum To: Rock Island Planning & Zoning Commission From: Subject: 2025-27: Public hearing request from Tom Lawrence to consider a variance from the Rock Island Zoning Ordinance for an unrelated group use for property at 3312 7th Avenue in an R-2 (one-and-two unit residential) district. RC Roll Call vote is needed. Date: December 1, 2025 Introduction and Background Information: Applicant: Tom Lawrence Location: 3312 7th Avenue Size of Property: The property measures approximately 7,879 square feet with about 53 feet of frontage along 7th Avenue. Topography: The property slopes down from south to north by approximately 10 feet and sits well above street level. Zoning History: None Existing Land Use & Zoning: The property is zoned R-2 (one-and-two unit residential) district. To the north, south, east, and west are properties zoned R-2 (one-and-two unit residential) district. Project Details: Through the rental registration process, it was determined that the subject property is located less than 65 feet from another existing unrelated group use. The property is intended to accommodate four (4) residents, and provides four (4) on-site parking spaces. Staff informed the applicant that a variance will be needed because an Unrelated Group Use cannot be located less than 300ft from another existing unrelated group use. Requested Action and Affected Requirements: The request is for one (1) variance from the Zoning Ordinance to locate an Unrelated Group Use less than 300ft from another existing unrelated group use as described in Table 1. Table 1 Variance Requested Action Affected Requirements (1) Locate an Unrelated Group Use less than 64ft from The Zoning Ordinance another existing unrelated group use requires that an Unrelated Group Use be at least three hundred feet (300') from another existing unrelated Page 11 of 22  group use (Article XI, Section 25-E-2). Conditions to Authorize Variances & Staff Analysis: Variances shall only be authorized if two (2) of the three (3) conditions as provided in Chapter 8, Section 6-A of the Zoning Ordinance are found. The Commission will make the final decision regarding this request. Table 2 includes the conditions to authorize variances with the corresponding staff analysis and conclusion of if the condition is met. Table 2 Conditions to Authorize Variance Staff Analysis Meets Condition (Yes/No) The property in question cannot yield a Staff reason the property can No reasonable return if permitted to be yield a reasonable return used only under the conditions allowed without the variance as the by the regulations in that zone; property can still serve its intended purpose as a standard single family home under the current zoning. The plight of the owner is due to The proximity to a local college is Yes unique circumstances. There are considered an extraordinary exceptional or extraordinary circumstance unique to this circumstances or conditions applying property in its intended use. to the property in question as to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district; and The variance, if granted, will not alter There are other student rentals Yes the essential character of the locality. located in the vicinity, indicating an Such variance is necessary for the established presence of this type preservation and enjoyment of a of housing. Staff reason that substantial property right-of-way allowing the use will not alter the possessed by other properties in the character of the neighborhood. same zoning district and in the vicinity. Previous Council Action (if any): N/A Budget Impact: N/A Additional Information as applicable (i.e. provide alternative options, community or staff input, staffing impact; resident impact; etc.): Council Goal (if applicable): N/A Page 12 of 22 Recommendation: The Community Development Department recommends that the Commission approve the variance as there is a unique circumstance and the unrelated use will not alter the character of the neighborhood. Submitted by: Eunice Amissah-Mensah, Urban Planner Approved by: Page 13 of 22  Unrelated Group Use Less Than 64 Ft. From Another Existing Unrelated Group Use Note: The information presented is not survey accurate and is for illustrative purposes only. PZ Case 2025-27 Subject Property 32ND ST 34TH ST Parcels R1 Zoning District R1 7TH AV Proposed Unrelated Group Use 0 20 40 I80 120 160 Feet 34TH ST City of Rock Island 7TH COMMUNITY DEVELOPMENT 1/2 AV U1 DEPARTMENT 8TH 32ND ST AV Page 14 of 22  INV E LLC STMEN 32ND ST KAT T RIN S FAR E MI LLC NVEST WIN MEN DMI TS DAVID N 8TH FAR LL JACOB VYNCKE CARNITHAN MI AV LLC NVEST JOHN G WIN MEN DM T ILL S GALUSHA PRO FAR PROPERTIES PROPERTIES INC PERT LLC SLNC LLC LUNDGREN MI CED IES ERO TH LLC NVEST ZAC WIN MEN R1 HAR T WIL Y DM AVENUE LLC 32ND ST KEN THOMPSON ILL S B PRO END PER LLC T ELVIRA RI IES INVESTMENTS MICHAEL 8TH VER RIVAS LLC KATRINE P HENRY PRO AVE P CITIES LAND BANK RONALD L JUDITH A & LARRY L LLC ERTY AUTHORITY QUAD 321 5 AVENUE LLC & K RENTAL ALBRIGHT LLC 7TH THOMPSON MICHAEL JPT P PROPERTIES LLC P HENRY LIVING TRUST KANKE 1/2 SERIES 8 D AVE NUE AV THO LLC ADLUCEM THOMAS MPS LLC 7TH AV ON LAWRENCE INV EST GLEN G DAVIS FIR MENT ANN & ML CUR P TIS LLC THOMAS KENNETH AND PAPA AND PAPA COL OCEANSIDE50FIVE J HODGE BRILL AUG LEGE LLC MAMA LLC MAMA UST ANA CARYL EICKSTAEDT JOEY M COLLEGE SPROUSE Proposed Unrelated AUGUSTANA 34TH ST COLLEGE AUGUSTANA Group Use SERVICES COLLEGE LLC MAJOR COLLEGE RONALD W COLLEGE AUGUSTANA COLLEGE AUGUSTANA AUGUSTANA CHAPPELL SERVICES AUGUSTANA LLC MAJOR CAROL MOENING COLLEGE AUGUSTANA Note: The information LLC JPTP presented is not survey accurate 34TH ST U1 and is for illustrative purposes only. 0 20 40 R1 80 COMMUNITY DEVELOPMENT Unrelated Group Use Less Than 64 Ft. From Another Existing Unrelated Group Use Parcels DEPARTMENT 120 I Zoning District 160 City of Rock Island PZ Case 2025-27 Subject Property Feet Page 15 of 22 Figure 1: Photo showing property from 7th Avenue Page 16 of 22  City of Rock Island Planning & Zoning Commission 2026 Public Meeting Schedule Advertised Non-Advertised Public Meeting Submittal Submittal Date Deadline Deadline December 1 December 22 January 5 January 5 January 19 February 4* February 2 February 16 March 2 March 2 March 23 April 6 April 6 April 20 May 4 May 4 May 18 June 1 June 2 June 22 July 6 July 6 July 20 August 3 August 3 August 24 September 7 September 7 September 21 October 5 October 5 October 19 November 2 November 2 November 23 December 7 “Advertised” items include Rezonings, Special Use Permits, Variances & PUDs DO require advertisement and notification “Non-Advertised” items such as preliminary and final subdivision plats do NOT require legal advertisement and notification Meetings are generally held the first Monday of every month, beginning at 5:30 PM in the Council Chambers (Third Floor) at City Hall, 1528 3rd Avenue. Page 17 of 22  CHAPTER 11: PLANNING & DEVELOPMENT ARTICLE XII: URBAN AGRICULTURE Sec. 11-176. Purpose. The purpose of this article is to promote urban agricultural activities and affirm the right of all citizens to produce their own food. It is also intended to minimize land use conflicts and balance the competing property rights of neighboring property owners. Sec. 11-177. Definitions. For the purpose of this article, the following definitions shall apply. Any term not so defined will take on its common meaning or a definition provided elsewhere in City code. Apiary shall mean any place where one or more beehives are kept. Concentrated Animal Feeding Operations (CAFOs) shall mean an animal feeding operation as defined by the United States Department of Agriculture (USDA) and regulated by the Environmental Protection Agency (EPA) under the National Pollutant Discharge Elimination System (NDPES) Permitting Program. Compost shall mean relatively stable decomposed organic matter for use in agricultural and other growing practices, usually consisting of materials such as grass, leaves, yard waste, worms, and raw and uncooked kitchen food waste. This process specifically excludes bones, meat, fat, grease, oil, raw manure, and milk products. Controlled Grazing shall mean the temporary use of goats or sheep as a landscape management technique to control the growth of undesirable vegetation, including noxious weeds and invasive plants or trees at a specific location and for a defined length of time. Livestock shall mean domesticated animals raised in an agricultural setting for training, boarding, home use, sales, breeding, and the production of commodities and/or specialized products such as food, fiber, and labor. Common examples include but are not limited to horses, pigs, and cattle. Seasonal Extending Structures shall mean any of the following temporary structures. Cold Frame shall mean a temporary, unheated structure used for protecting seedlings and plants from the cold. Cold Frames are often constructed of durable materials, such as wood, glass, rigid plastic, or even old windows, but are not typically taller than three feet (3’). Hoop House shall mean a structure with a roof and sides are made largely of transparent or translucent material (not glass) for the purpose of the cultivation of plants. A hoop house does not have supplemental heat. A Page 18 of 22  high tunnel is very similar in construction to a hoop house, but is generally not enclosed on the ends of the structure. Low Tunnel shall mean a temporary, freestanding structure that has a supported framework, typically made with hooped PVC or metal pipe and covered with plastic. A low tunnel does not have heat or electrical power and its purpose is to house and protect produce outside the typical growing season of the region. Southwest Rock Island shall mean parcels within the municipal boundary that are south of the Rock River or on any island located in said river. Urban Agriculture shall mean the practice of cultivating, processing, and distributing food in and around a community by various means that reflect an urban context. Urban agriculture is differentiated other forms traditional agriculture in that it occurs within an urbanized and built up environment, rather than on generally open and undeveloped land. Common practices include but are not limited to vegetable gardening, keeping backyard chickens, beekeeping, and keeping livestock at a limited scale. Sec. 11-178. Applicability and Administration. All urban agriculture activities on both private and public land are subject to the regulations of this Article. Administration of this Article shall be the responsibility of the Community Development Director or their designees. Nothing in this Article shall be interpreted to supersede or contradict land use regulations in the zoning code specifically including those prohibiting business activities in residential areas. Sec. 11-179. General Regulations for Urban Agriculture. A. Properties annexed into the City on which urban agricultural actives are taking place may continue to operate unchanged until such time they are developed for other uses. Concentrated animal feeding operations, however, shall be prohibited and if such an operation is present on a parcel being annexed into the City, it must cease operation by the time annexation is completed. B. Urban agriculture shall be permitted on all properties with occupied principal structures. Urban agricultural shall not be restricted on such properties unless otherwise specifically indicated in this article. C. Urban agriculture shall not be permitted in public rights-of-way unless permission is granted through a written agreement between an immediately adjacent property owner and the City. Any urban agricultural activity in a public right-of- way without such a written agreement shall be considered a nuisance and may be abated by the City without notice. D. Urban agricultural activity shall not impede reasonable visibility or navigability within a public right-of-way. Any urban agricultural activity that does so shall be considered a nuisance and may be abated by the City without notice. Page 19 of 22 E. Urban agriculture shall not be permitted on properties with foreclosed, vacant, and abandoned principal structures. Any urban agricultural activity on such a property shall be considered a nuisance. F. Urban agriculture shall be permitted on vacant properties without principal structures provided that a five-foot (5’) buffer is maintained around the perimeter of the property. Said buffer shall consist of mowed turf grass, woodchips, or similar biodegradable mulch material. G. Urban beekeeping, urban chickens, and urban livestock shall not be permitted on vacant properties without principal structures. H. Urban agriculture on properties one (1) acre or larger in Southwest Rock Island shall be exempted from the requirement for a five-foot (5’) buffer around the perimeter. Urban beekeeping, urban chickens, and urban livestock shall also be permitted on vacant properties one (1) acre or larger in Southwest Rock Island. I. Storage sheds incidental to urban agriculture shall be permitted on vacant properties without principal structures provided that they not exceed two hundred (200) square feet. No more than one (1) storage shed shall be permitted on such properties. Storage sheds shall be a minimum of five feet (5’) from the perimeter of the property as well as setback twenty feet (20’) from the front property line. J. Water tanks incidental to urban agriculture shall be permitted on vacant properties without principal structures provided that they not exceed a capacity of five hundred (500) gallons. No more than one (1) water tank shall be permitted on such properties. Water tanks shall be a minimum of five feet (5’) from the perimeter of the property. K. Compost incidental to urban agriculture shall be permitted on vacant properties without principal structures provided that it is contained within an enclosure or storage bin specifically designed for that purpose. Such enclosures or storage bins shall be a minimum of five feet (5’) from the perimeter of the property. Compost not so contained shall be considered a nuisance. L. Season extending structures incidental to urban agriculture shall be permitted on all properties for a maximum of four (4) weeks before and four (4) weeks after the growing season which spans from May 1 to October 31. Such structures shall not be permitted during the growing season and shall be a minimum of five feet (5’) from the perimeter of the property. No season extending structure may exceed two hundred (200) square feet or be erected outside of allowable timeframes. Such structures in poor repair shall be considered a nuisance. M. Tools, machinery, and other equipment incidental to urban agriculture used on vacant properties without principal structures shall be kept in a storage shed or removed from the property when not in use. Otherwise, such items shall be considered a nuisance. N. Rotting vegetation likely to attract animals shall be considered a nuisance. O. Weeds and overgrown turf grass shall be considered a nuisance. P. Noxious and invasive species as identified by local codes and/or the State of Illinois shall be considered a nuisance. Q. Animal slaughtering, except by appropriately licensed businesses on suitably zoned properties, shall be prohibited. Page 20 of 22 Sec. 11-180. Regulations for Urban Chickens. A. Urban chickens shall be shall be permitted on all properties with occupied principal structures. Only hens shall be permitted. Roosters shall be prohibited. The presence of a rooster shall be considered a nuisance and subject to capture by an animal control officer. B. Urban chickens shall be kept within enclosures in rear yards. Such enclosures shall be located a minimum of five feet (5’) from the perimeter of the property. C. Enclosures shall be secure fenced areas that prevents entry by predators. They shall at a minimum consist of wire or mesh with openings no larger than one inch (1”). Coops shall be located within enclosures. D. Coops shall have a minimum of four (4) square feet per chicken. They shall be of reasonable construction with a secure entrance and adequate ventilation. Chickens shall be secured within a coop between dusk and dawn. Only one (1) coop shall be permitted on any one property. E. Urban chickens shall be provided with adequate food and water. They shall be monitored for health problems common to their species and cared for using accepted best practices. F. Manure shall be stored in a covered container not exceeding three (3) cubic feet in volume. All manure not used for composting or fertilizing on the property shall be removed. Sec. 11-181. Regulations for Urban Beekeeping. A. Urban beekeeping shall be permitted on all properties with occupied principal structures. Domesticated bee species kept for honey production or pollination shall be the only varieties permitted. B. Apiaries shall be located in rear yards. Apiaries shall be located a minimum of five feet (5’) from the perimeter of the property. C. Apiaries shall be registered and inspected in accordance with the Illinois Bees and Apiaries Act. The City reserves the right to request proof of registration. D. Bees shall be monitored for health problems common to their species and cared for using accepted best practices. Sec. 11- 182. Regulations for Urban Livestock. A. Urban livestock shall be permitted on all properties in Southwest Rock Island where an enclosed area of one (1) acre at minimum is established. Only one (1) such enclosure is permitted on a given property. All enclosures shall be setback a minimum of one hundred feet (100’) from the periphery of the property. B. Enclosures for urban livestock shall be secured with a fence sufficient to prevent livestock from running at large. Any livestock outside such an enclosure shall be considered a nuisance and subject to capture by an animal control officer. C. No more than two (2) animals per every one (1) acre of enclosed area shall be permitted at any one time. D. Livestock shall be provided with adequate food and water. They shall be monitored for health problems common to their respective species and cared for using accepted best practices. Page 21 of 22  E. Manure shall be stored in a manner that minimizes offensive odors. All manure not used for composting or fertilizing on the property shall be removed. Sec. 11-183. Regulations for Controlled Urban Grazing. A. Controlled urban grazing may be used to manage nuisance vegetation on both public and private properties. Nuisance vegetation includes but is not limited to non-native, invasive, and noxious species as well as those that cannot otherwise be reasonably removed using conventional mechanical methods. Only goats and sheep may be used for this purpose. B. Any area in which animals are grazing for this purpose shall be enclosed within a temporary four-foot (4’) electric fence that will reasonably keep said animals from leaving the enclosed area. Warning signs no less than two (2) square feet in size must be posted at 15-foot (15’) intervals notifying the public of the presence of the fence. Signs must be visible for the duration of the activity. No enclosure shall remain in place for more than thirty (30) consecutive days. C. No more than ten (10) animals per every one (1) acre of enclosed area shall be permitted at any one time. D. Grazing animals shall be provided with adequate food and water. They shall be monitored for health problems common to their respective species and cared for using accepted best practices. Sec. 11-184. Nuisances, Violations, and Variances. A. Whenever the City determines that a nuisance as defined in this article exists, except when in a public right-of-way, a courtesy notice shall be issued to the respective property owner without penalty. Any nuisance not resolved within seven (7) days of the courtesy notice shall result in a citation and a one hundred dollar ($100) fine. If the nuisance has not be resolved within seven (7) days of the citation, the City shall be empowered to abate the nuisance. Any and all costs associated with the abatement shall be charged to the property owner. B. Whenever the City determines that any other violation of this article exists, a courtesy notice shall be issued to the property owner without penalty. Any violation that remains after seven (7) days shall result in a summons to an administrative hearing at the earliest available time. C. Property owners may apply for a variance from this Article. Variance requests shall be reviewed by City staff. Staff shall make recommendations to approve or deny the request to the Planning & Zoning Commission based on whether or not the request is in the best interest of the public health, safety, and welfare. Said Commission shall hold a hearing on the merits of the variance request and decide by simple majority vote whether or not to grant the request. This shall be the final administrative decision. D. All courtesy notices and citations shall be posted physically on the subject property as well as mailed to the property owner. All administrative hearings shall be conducted in a manner consistent with the application of the property maintenance and zoning codes. All variance requests shall adhere to the procedures as found in the zoning code. Page 22 of 22