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.