Z-5685 Staff AnalysisJuly 27, 1993
ITEM NO,: A Z-5685_
Owner: Ike IIketui
Applicant: Ike IIketui
Location: #2 Southern Oaks Court
Request: Rezone from R-2 to R-4
Purpose: Duplex
Size: 0.2 acres
Existing Use: Duplex
North
- Single -Family,
zoned
R-2
South
- Single -Family,
zoned
R-2
East
- Single -Family,
zoned
R-2
West
- Single -Family,
zoned
R-2
STAFF ANALYSIS
This issue is before the Commission as a result of an
enforcement action by the City. The owner at #2 Southern
Oaks remodeled an existing single family residence into a
duplex without first trying to rezone the lot and without
obtaining the appropriate building permit. The property is
part of a well-established neighborhood, which is located
north of West 65th and between Geyer Springs and Lancaster
Road.
Zoning in the immediate vicinity is R-2, and the lot abuts
R-2 property on all sides. Other zoning in the area is R-4,
R-5, MF -6, 0-3, C-3, C-4, I-2 and OS. The R-4 and MF sites
are found on Battle Road and the R-4 is occupied by a lodge
and the MF -6 is undeveloped. There is some R-5 land on
Lancaster, however, the property is occupied by single
family residences. (The most recent zoning action in the
area was a PRD for three units on Lancaster Road.) The
majority of the nonresidential zoned properties are found
along West 65th Street. Land use is similar to the existing
zoning and includes single family, a church, and commercial.
Several of the nonresidential parcels are either undeveloped
or have vacant buildings.
Even though the request is only for R-4, staff is concerned
with the possible impacts on the neighborhood and cannot
support the proposed reclassification. The proposal is a
July 27, 1993
ITEM N A Z- n
spot zoning, which the City tries to discourage as much as
possible, and could establish undesirable precedent for the
neighborhood. The subdivision itself appears to be very
stable, however, there are some nearby areas, Butler Road,
that are experiencing some problems and a deterioration of
the area's livability. Maintaining the existing zoning of
R-2 should be viewed as one way to keep the neighborhood
viable and to prevent certain unwanted situations from
bleeding into the neighborhood. Rezoning, to increase
density, in a single family neighborhood is very
questionable and could lead to a reversal of the positive
things happening in a given area. And finally, the adopted
plan shows the lot as part of a single family area.
LAND USE PLAN ELEMENT
The request is in conflict with the plan. The 65th Street
East Plan recommends single family for this location. While
a single duplex might not be against the plan, until the
staff and Commission develop a measure to address when the
number of duplexes would change the character to low density
multifamily, it is not advisable to approve even one duplex.
Conditions have not changed in the area to warrant a plan
amendment.
ENGINEERING COMMENTS
There are none to be reported.
STAFF RECOMMENDATION
Staff recommends denial of the R-4 rezoning.
PLANNING COMMISSION ACTION: (JUNE 15, 1993)
Staff reported that the item needed to be deferred because
the applicant was unable to notify the required property
owners. As part of the Consent Agenda, the request was
deferred to July 27, 1993. The vote was 9 ayes, 0 nays and
2 absent.
PLANNING COMMISSION ACTION: (JULY 27, 1993)
Staff reported that the applicant submitted a request to
withdraw the item. The issue was placed on the Consent
Agenda and the Planning Commission voted to withdraw
(without prejudice) the rezoning. The vote was 7 ayes,
0 nays and 4 absent.
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