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Z-3815 Staff Analysisc N 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).