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HomeMy WebLinkAboutZ-3848 Staff AnalysisJune 29, 1982 Item No. 4 --Z-3848 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Dr. C.A. Aroaz Ben McMinn 5423 Kavanaugh Rezone from "R-2" Single Family to 110-1" Quiet Office Office Conversion 7,500 square feet + Apartment SURROUNDING LAND USE AND ZONING: North --- U.S. Post Office, Zoned "0-3" South -- Duplex, Zoned "R-4" East - Montessori School, Zoned "R-2" West - Commercial, Zoned "C-3" PLANNING CONSIDERATIONS: No adverse comments have been received from any reviewing agency on this request. The structure has been an apartment for many years. Over this time, it has fallen into disrepair. The applicant maintains that it is not economically feasible to repair the structure for residential use and is asking for office zoning which will permit an economic use of the building. For years, the City has fought off attempts to extend nonresidential zoning to the east. The Post Office zoning was shoved down the City's throat by the U.S. government, but even there the City was partially successful. The government wanted commercial zoning but was convinced to take office zoning. The eastern boundary of nonresidential zoning has been drawn at Polk Street. If broken, staff sees a continuing eastern encroachment along Kavanaugh. STAFF RECOMMENDATION: Staff recommends denial. PLANNING COMMISSION ACTION: The applicant requested deferral. The Commission moved to defer the application to the June 29 meeting. The motion passed - 10 ayes, 0 noes, 1 absent. June 29, 1982 Item No. 4 -- Continued PLANNING COMMISSION ACTION: The applicant was present, and there were 13 objectors. The applicant presented petitions from neighbors and others in support of the application carrying 251 signatures. He showed maps indicating where many of the signatures had come from within the neighborhood and offered a letter from the postal service refuting staff comments concerning the conditions under which the Post Office was zoned. He also read from the Purpose and Intent Sections of the "O1" Quiet Office zoning district indicating that the application was in compliance with the stated objectives of the Zoning Ordinance. Mart Vehik, a neighboring property owner and spokesperson for other neighbors, spoke in opposition to the zoning request and presented petitions from opponents containing 134 signatures. He pointed out that all of the opposing group were residents of the neighborhood while many of those favoring change proposed were from outside the area. In addition, Jay Wills, speaking for himself and other residents in the neighborhood, also spoke in opposition to the request. There was a lengthy discussion of the application and alternative land uses on the property primarily centering around economic issues. Following the discussion, the Planning Commission moved to approve the request as filed. The motion failed on a vote of 3 ayes, 7 noes and 1 absent. The petition, therefore, was denied. Z-3848 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Dr. C.A. Aroaz Ben McMinn 5423 Kavanaugh Rezone from "R-2" Single Family to "O-1" Quiet Office Office Conversion 7,500 square feet + Apartment SURROUNDING LAND USE AND ZONING: North - U.S. Post Office, Zoned "0-3" South - Duplex, Zoned "R-4" East - Montessori School, Zoned "R-2" West - Commercial, Zoned "C-3" PLANNING CONSIDERATIONS: No adverse comments have been received from any reviewing agency on this request. The structure has been an apartment for many years. Over this time, it has fallen into disrepair. The applicant maintains that it is not economically feasible to repair the structure for residential use and is asking for office zoning which will permit an economic use of the building. For years, the City has fought off attempts to extend nonresidential zoning to the east. The Post Office zoning was shoved down the City's throat by the U.S. government, but even there the City was partially successful. The government wanted commercial zoning but was convinced to take office zoning. The eastern boundary of nonresidential zoning has been drawn at Polk Street. If broken, staff sees a continuing eastern encroachment along Kavanaugh. STAFF RECOMMENDATION: Staff recommends denial. PLANNING COMMISSION ACTION: The applicant requested deferral. The Commission moved to defer the application to the June 29 meeting. The motion passed - 10 ayes, 0 noes, 1 absent. Z-3848 - Continued PLANNING COMMISSION ACTION: The applicant was present, and there were 13 objectors. The applicant presented petitions from neighbors and others in support of the application carrying 251 signatures. He showed maps indicating where many of the signatures had come from within the neighborhood and offered a letter from the postal service refuting staff comments concerning the conditions under which the Post Office was zoned. He also read from the Purpose and Intent Sections of the 1101" Quiet Office zoning district indicating that the application was in compliance with the stated objectives of the Zoning Ordinance. Mart Vehik, a neighboring property owner and spokesperson for other neighbors, spoke in opposition to the zoning request and presented petitions from opponents containing 134 signatures. He pointed out that all of the opposing group were residents of the neighborhood while many of those favoring change proposed were from outside the area. In addition, Jay Wills, speaking for himself and other residents in the neighborhood, also spoke in opposition to the request. There was a lengthy discussion of the application and alternative land uses on the property primarily centering around economic issues. Following the discussion, the Planning Commission moved to approve the request as filed. The motion failed on a vote of 3 ayes, 7 noes and 1 absent. The petition, therefore, was denied.