Z-3718 Staff AnalysisAugust 25, 1981
Item No. 5 - Z-3718
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
A.O.A. Land Company, Inc.
Jean Baldock
15603 Cantrell Road
Rezone from "R-2" Single Family
to "C-4" Open Display
Air Conditioning Contractor
2.5 acres +
Air Conditioning Contractor
Office
SURROUNDING LAND USE AND ZONING
North - Vacant, Zoned "R-2"
South Vacant, Zoned "R-2"
East - Good Earth Nursery, Zoned "AF" with a
Conditional Use Permit for Plant Nursery
West - Commercial Buildings, Zoned "R-2"
PLANNING CONSIDERATIONS
No adverse comments have been received from any reviewing
agency. This proposal is not compatible with the Suburban
Development Plan as adopted by the Board of Directors.
There is a small commercial structure located on the
property which the staff understands has been in use as an
office for an air conditioning contractor. One neighbor has
disputed that claim by the applicant.
The commercial use to the east prompted a rewrite of the
"AF" zoning district provisions which resulted in plant
nurseries being permitted as "agriculture uses" by
conditional use permit.
STAFF RECOMMENDATION
On the basis of the Suburban Development Plan, staff
recommends denial.
COMMISSION ACTION
The applicant was present, represented by Mike Mitchell, an
attorney. There were two or three objectors present. The
applicant made a presentation to the Planning Commission
stating that the owners had purchased the property for
August 25, 1981
Item No. 5 - Continued
commercial investment over four years ago and leased to the
present occupant in March of 1980, for use as an air
conditioning contractor's office and repair facility. He
gave the Planning Commission a verbal tour of Highway #10,
working westward from Panky toward the planning area
boundary, describing the variety and type of nonresidential
uses along Highway #10, particularly relating to the south
side. He did talk briefly about the legal aspects of the
request, citing its prior uses as commercial, neighboring
uses and general legal research relative to this case.
Stanley Gray, a neighbor immediately to the east who stated
he had been in that location since 1974, backed up much of
what Mr. Mitchell had stated and discussed briefly with the
Planning Commission the history of this particular property
and its development.
Speaking in opposition, Grace Miller presented a petition
opposing the rezoning with 35 signatures, and Gene Pfeifer
spoke in opposition and supported Mrs. Miller's claims.
Mr. Pfeifer cited Robinwood as an example of viable
residential development along Highway #10 in an effort to
blunt the arguments of the applicant about its
nonsuitability for residential use.
After this lengthy discussion, the Commission moved to
approve the application as filed. The motion failed on a
vote of 0 ayes, 9 noes and 2 absent.