HomeMy WebLinkAboutZ-3737 Staff AnalysisSeptember 29, 1981
Item No. 6 - Z-3737
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
F„ E. Hawkins
Ray Stancil
2223 West Markham Street
Rezone from "C-3" General
Commercial to "C-4" Open Display
Conformity with Existing Uses
12,500 Square Feet +
Auto Repair Garage and Used
Furniture Store
SURROUNDING LAND USE AND ZONING:
North
- Public, Zoned "R-2"
South
- Multifamily, "C-31', "R-5" and "R-6"
East
- Single Family, Zoned "R-3"
West
- Markham Street, Zoned "R-3"
PLANNING CONSIDERATIONS:
No adverse comments have been received from any reviewing
agency. Several neighbors have called indicating their
opposition to the request, and they are expected to be
present at the meeting. This property lies within the
boundaries of the Woodruff Neighborhood Plan, and in the
plan is shown a combination of commercial and multifamily
use. The plan assumes the ultimate demise of the auto
repair garaqe on this property and shows the existing store
structure to continue. Staff believes that the "C-4" Open
Display zoning is inappropriate for this location.
STAFF RECOMMENDATION:
Staff recommends denial.
COMMISSION ACTION
The applicant was present, and there were five objectors. A
lengthy discussion ensued about the present use of the
property and the proposed use. The objectors were alleging
that a used car lot was being operated on the property and
presented a petition from neighbors in opposition to the
zoning, which contained 41 signatures. The objzctors showed
some photographs of the property, as well.
After some confusion developed, the Commission moved to
defer the application for a one-month period to permit some
investigation of the Code enforcement aspects of the issue,
nonconforming rights, etc. The motion to defer was passed:
9 ayes, 1 no and one absent.
October 27, 1981
Item No. 2 - Z-3737
Owner: R.E. Hawkins
Applicant: Ray Stancil
Location: 2223 West Markham Street
Request: Rezone from "C-3" General
Commercial to "C-4" Open Display
Purpose: Conformity with Existing Uses
Size: 12,500 Square Feet +
Existing Use: Auto Repair Garage and Used
Furniture Store
SURROUNDING LAND USE AND ZONING:
North
- Public, Zoned "R-2"
South
- Multifamily, "C-3", "R-5" and "R-6"
East
- Single Family, Zoned "R-3"
West
- Markham Street, Zoned "R-3"
PLANNING CONSIDERATIONS:
No adverse comments have been received from any reviewing
agency. Several neighbors have called indicating their
opposition to the request, and they are expected to be
present at the meeting. This property lies within the
boundaries of the Woodruff Neighborhood Plan, and in the
plan is shown a combination of commercial and multifamily
use. The plan assumes the ultimate demise of the auto
repair aarage on this property and shows the existing store
structure to continue. Staff believes that the "C-4" Open
Display zoning is inappropriate for this location.
STAFF RECOMMENDATION:
Staff recommends denial.
COMMISSION ACTION (9-29-81):
The applicant was present, and there were five objectors. A
lengthy discussion ensued about the present use of the
property and the proposed use. The objectors were alleging
that a used car lot was being operated on the property and
presented a petition from neighbors in opposition to the
zoning, which contained 41 signatures. The objectors showed
some photographs of the property, as well.
After some confusion developed, the Commission moved to
defer the application for a one-month period to permit some
investigation of the Code enforcement aspects of the issue,
nonconforming rights, etc. The motion to defer was passed:
9 ayes, 1 no and one absent.
October 27, 1981
Item No. 2 - Continued
FURTHER COMMENT
After the last Planning Commission meeting, Staff contacted
the Protective Inspections Division of the Public Works
Department and requested follow-up information on the
enforcement issues related to this zoning case. Staff
received a copy of a letter fx•om Belinda Wilson, Zoning and
Signs Enforcement Officer, to Mr. Stancil in which it was
stated that the Office of Protective Inspections had become
aware that he was operating a sales lot for automobiles at
this location. He was told to cease operation of the
.automobile sales lot and told that his remedy was to contact
the Planning Department regarding rezoning of the property.
This letter was issued on July 22, 1981. Staff feels that
the zoning requested, "C-4" Open Display, is not appropriate
for this location and is continuing its recommendation for
denial.
PLANNING COMMISSION ACTION:
The applicant was not present, and there were two objectors
present. Because the matter was a deferred item, the
Planning Commission determined that it was appropriate to go
ahead and deal with the issue. There had been no
information presented to the contrary of earlier
information. Therefore, the Commission moved to approve the
application as filed, and the motion failed on a vote of
0 ayes, 10 noes and 1 absent. The petition was declared to
have been denied.