Z-3815 Staff Analysisc
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March 30, 1982
Item No. 9 -- Z-3815
Owner: J.D. Bennett
Applicant: J.D. Bennett
Location: 111 Beechwood
Request: Rezone from "R-3" Single
Family to "C-1" Neighborhood
Commercial
Purpose: Office for Heating/AC Dealer
Size: 7,000 square feet
Existing Use: Heating/AC Dealer Storage
SURROUNDING LAND USE AND ZONING:
North - Single Family, Zoned "R-3"
South - Commercial, Zoned "C -I"
East - Duplex, Zoned "R-4"
West - Single Family, Zoned "R-3"
PLANNING CONSIDERATIONS:
No adverse comments have been received from any reviewing
agency regarding this request. The Traffic Engineer has no
objections to the proposed use, but he did ask if it were
possible to approve this use conditionally. His primary
concern is for other potential commercial uses which would
require off-street parking.
The applicant has been using this property for approximately
four years under the impression that it was already zoned
commercial. The property was purchased from Savers Federal
which owns the property immediately to the south, and the
applicant was assured the property was zoned for his use.
This application results from an enforcement issue brought
about by a neighborhood complaint over another
nonresidential use in the neighborhood.
Neighborhood residents appear to differ as to their support
or opposition to this zoning request. Previous Board policy
has committed the Markham Street frontage to a depth of 150
to 200 feet for nonresidential use. The Heights/Hillcrest
Plan shows this property to remain residential with the
nonresidential line being drawn at the rear of the Savers
property.
STAFF RECOMMENDATION:
Staff recommends denial based upon the Heights/Hillcrest
plan.
March 30, 1982
Item No. 9 - Z-3815 - Continued
PLANNING COMMISSION ACTION:
The applicant was present, and there were several objectors.
Commissioners Schlereth and Tabor both abstained citing
conflicts of interest.
The applicant stated that he had purchased the property in
1978 and that he had been using the property as it is now
used and. for his intended use for that period of time. He
stated that the warehouse on the back of the property had
been constructed with a building permit two to three years
ago, and that he had been able to obtain a privilege license
each year since he moved into the property. He stated that
the house on the front of the property is used as a rental
residence, that he maintains his office in his home. He
stated that in his line of work, heating and air
conditioning, 99 percent of the work is accomplished on the
customer's site rather than at the office or in the
warehouse. He did admit that there were certain times when
sheet metal fabrication activities were carried on in the
warehouse building which had been constructed some years
back. He stated that they park three of their trucks at the
site at night, and that they do no welding on the site.
The several objectors, including Martha Hudson and
Anne Thompson, spoke in opposition to the application. They
indicated that this activity was a nuisance to the
residential character of the neighborhood and requested that
the Planning Commission not approve the zoning. After a
lengthy discussion, the Commission moved to approve the
application as filed. The motion failed on a vote of:
0 ayes, 8 noes, 1 absent and 2 abstentions (Schlereth and
Tabor).