Z-5546 Staff AnalysisApril 21, 1992
ITEM NO.: B 'Z-5546
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Guy Pestino
Guy Pestino
4300 Asher Avenue
Rezone from C-3 to C-4
Auto Body Rebuilding Shop
0.23 acres
Auto Body Rebuilding Shop
SURROUNDING LAND USE AND ZONING
North - Single -Family and Office, zoned 0-3 and C-3
South - Mixed Uses, zoned C-3
East - Commercial, zoned C-3
West - Mixed Uses, zoned C-3
STAFF ANALYSIS
4300 Asher Avenue is currently zoned C-3 and the request is
to C-4 because of a pending enforcement action by the City.
Recently, an individual leased the property from the owner
and began operating an auto body shop, which is not
permitted in the C-3 district. A violation notice was
issued and the occupant was instructed to file for the
proper zoning or vacate the premise. The site is a 50 foot
lot and a 20 foot closed right-of-way on the east side.
There is one building on the property that has no setbacks
on the south and west sides.
Land use in the general vicinity is typical of the Asher
Avenue corridor and includes single family, office,
commercial, auto services, and industrial. The pattern for
the properties that front Asher is fairly mixed and ranges
from small retail establishments to warehousing. The
existing industrial uses are found primarily south of Asher
Avenue and the single family neighborhood begins approxi-
mately one block north of Asher. Current zoning in the area
is R-3, 0-3, C-3, I-2 and PCD. I-2 is the predominant
zoning district in the area.
The Oak Forest Neighborhood plan identifies Asher Avenue for
commercial use and over the years, the city has endorsed
either C-3 or C-4 for the recommended land use pattern. In
the immediate vicinity, there is no C-4 zoning, however, a
majority of lots fronting Asher are zoned I-2, which allows
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April 21, 1992
ITEM NO.: B Z -55A6 Cont.
similar uses as C-4. Reclassifying 4300 Asher Avenue to C-4
will not impact the surrounding properties nor dramatically
alter the existing zoning configuration along Asher Avenue.
And finally, C-4 is designed for roadways like Asher, a
major thoroughfare.
ENGINEERING COMMENTS
Asher Avenue requires a right-of-way 90 feet or 45 feet from
the centerline. The existing right-of-way is deficient, and
a dedication of 15 feet is needed. Because of the
building's placement on the front property line, a franchise
will be necessary for the encroachment after the additional
right-of-way is dedicated. Staff will recommend to the
franchise committee and/or the Board of Directors that the
franchise be granted.
STAFF RECOMMENDATION
Staff recommends approval of the C-4 rezoning request.
PLANNING COMMISSION ACTION: (MARCH 10, 1992)
Staff reported that the item needed to be deferred because
the applicant failed to notify the requirbd property owners.
A motion was made to defer the request to April 21, 1992
hearing. The motion was approved by a vote of 9 ayes,
0 nays and 2 absent.
PLANNING COMMISSION ACTION: (APRIL 21, 1992)
The applicant was present. There were no objectors and the
item was placed on the Consent Agenda. A motion was made to
recommend approval of C-4 as requested. The motion passed
by a vote of 10 ayes, 0 nays and 1 absent.
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