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HomeMy WebLinkAboutZ-4367 Staff AnalysisDecember 18, 1984 Item No. 19 - Z-4367 Owner: Fred Johnson and C.R. Sawrie Applicant: Fred Johnson Location: 406 North Van Buren Request: Rezone from "R-3" Single Family to "R-4" Two Family Purpose: Duplex Size: 5,985 square feet Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-3" South - Single Family, Zoned "R-3" East - Multifamily, Zoned "R-4" West - Single Family, Zoned "R-3" PLANNING CONSIDERATIONS: 1. The proposal is to utilize the lot for a two family residence. The use appears to be compatible with the immediate neighborhood because at the intersection of "C" Street and Van Buren there is a triplex on the northeast corner and a duplex on a lot directly south of the property at the southeast corner. The lots are zoned "R-4" at this intersection on the east side of Van Buren. The site has adequate land area to provide the needed parking and yard areas. In the "R-3" district, a two family residence is permitted as a conditional use. The owner requested the "R-4" option because of some uncertainty with how the property will be developed. A conditional use permit requires a site plan be submitted for review and because the owner is unsure as to whether a new building will be constructed or the existing structure remodeled, he felt a rezoning was the more suitable approach at this time. An "R-4" request does not require a site plan or restrict him to a specific development concept. 2. The site is a typical residential lot with a single structure on it. 3. There are no right-of-way requirements or Master Street Plan issues attendant to this request. December 18, 1984 Item No. 19 - Continued 4. There have been no adverse comments received from the reviewing agencies at this time. 5. There are no legal issues. 6. There is no documented history on the site. As of this writing, there is no neighborhood position on this particular lot but the residents feelings concerning rezoning changes along Van Buren are well known. 7. Staff supports the proposed use, but not a rezoning change to accomplish it. Because it being only one lot and a duplex being permitted as a conditional use in "R-3," staff suggests the conditional use process be utilized in this instance. This would allow the owner his desired use of the property without having to rezone and create a single lot classification along Van Buren. The Heights/Hillcrest Plan does not show a higher land use classification other than single family so that also adds to the argument for a conditional use permit. (The owner's agent was made aware of all the options at the time of filing the "R-4" application.) STAFF RECOMMENDATION: Staff recommends a conditional use permit as more appropriate and not "R-4" as requested. PLANNING COMMISSION ACTION: The applicant was present and represented by Stanley Rauls. There were no objectors. Mr. Rauls spoke about filing an "R-4" rezoning and not utilizing a conditional use permit. After a long discussion, the Planning Commission voted on the "R-4" request as filed. The vote was: 2 ayes, 7 noes and 1 absent. The request was denied.