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HomeMy WebLinkAboutZ-3390 Staff AnalysisAugust 28, 1979 Item No. 11 - Z-3391 Owner: Applicant: Request: Purpose: Existing Zoning: Location: Site Characteristics: Size: Existing Land Use: Abutting Land Use and Zoning: Zoning History: Applicable Regulations: Mrs. Virgil H. Deaton David Deaton Rezone to "D" Apartment Miltifamily development "A" One family 201 Oak Park Drive Level - largely open - single family 7000 square feet + _ Single Family Residence North - Church - Zoned "D" South - Single Family - Zoned "A" East - Single Family - Zoned "A" West - Single Family - Zoned "A" None Zoning Ordinance rq FACTUAL INFORMATION August 28, 1979 Item 11 1. NEED AND/OR DEMAND The applicant has stated a desire to renovate a garage apartment on this property. 2. COMPATIBILITY WITH MUNICIPAL PLAN While the frontage properties along Asher Avenue are given over to nonresidential use, City plans call for this area immediately to the south to remain single family residential. The proposed zoning is not compatible. 3. EFFECT ON ENVIRONS Neighboring residents of this area have pointed out that Oak Park Drive provides the only way out of this residential area and they have said that already great difficulty is sometimes encountered in trying to enter onto Asher Avenue from this area. Apartment zoning on a property of this size (nearly two acres) could produce a significant increase in traffic in the neighborhood. 4. NEIGHBORHOOD POSITION Several neighbors have indicated opposition to this request. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT ON PUBLIC FINANCES No particular fiscal effects are expected. However, maximum development of this property under "D" Apartment zoning would enhance property values significantly. August 28, 1979 Item No. 11 - Continued 8. LEGAL COTISIDERATIONS/REASONABLENESS This property abuts a "D" Apartment zoned land to the north. However, that property is used for a church and parsonage. There is no multifamily development in the immediate neighborhood. Staff feels that because of the street system in the surrounding development, the requested zoning is not reasonable. 9. STANDARDS OF QUALITY No standards of quality have been addressed by the applicant. 10. TRAFFIC AND STREET RIGHT-OF-WAY CONSIDERATION Forty-first Street will require additional right-of-way in upgrading the City standards. ANALYSIS: Staff feels that the proposed zoning is incompatible with the area and that apartment development would have adverse impacts upon the surrounding properties. A major consideration is the potential impacts upon traffic from the residential properties attempting to enter Asher Avenue. STAFF RECOMMENDATION The staff recommends denial. COMMISSION ACTION The applicant was present and stated his desire to renovate an existing garage apartment. He stated that he had no reason to rezone the entire property in terms of any future development, but that he was told that the only way he could have his garage apartment would be if he were to get the property rezoned. Several neighbors were present and presented a petition with some fifty to sixty signatures citing opposition to any apartment development or apartment zoning on the property and also stating that Oak Park Drive serves as the only access they have to get out of their subdivision onto Asher Avenue and out to the rest of the City. After a brief discussion, the Commission moved to approve the application as _filed. The application failed: 0 ayes, 10 noes, 1 absent. The application was declared to have been denied.