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HomeMy WebLinkAboutZ-4395 Staff AnalysisFebruary 26, 1985 Item No. 4 - Z-4395 Owner: Applicant: Location: Curtistene Barnes Same 4118 West 11th Street Request: Rezone from "R-3" Single Family to "C-1" Neighborhood Commercial Purpose: Beauty Shop Size: 5,980 square feet Existing Use: Single Family Residence/Beauty Shop (nonconforming) SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-4" South - Commercial, Zoned "C-3" East - Single Family, Zoned "R-3" West - Office, Zoned "0-3" PLANNING CONSIDERATIONS: 1. This request is before the Planning Commission as a result of an enforcement action by the City Zoning Office. The beauty shop is currently in place and operating. The property is located just north of an area along West 12th that has had a number of rezoning changes, primarily to "C-3." For the most part, the existing commercial zoning is restricted to the block between 11th and 12th on both the north and south sides of West 12th. There is exception to that pattern, and that is along West 13th from Cedar to Oak. The "C-3" zoning is along the south side of West 13th, but that area has been zoned for years and has the potential of being a neighborhood commercial center. Also, the majority of the structures are commercial buildings with very few single family residences. The lot at 4118 West 11th is across the street from "C-3" zoning, a food store, but is located in a block that is all single family except for the use to the west, which is an office. In the immediate vicinity north of West 11th, the primary land use is still single family. 2. The site is a typical residential lot with two structures on it. The accessory structure at the rear of the property is being used for the beauty shop. February 26, 1985 Item No. 4 - Continued 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. Engineering reports that parking and access are a problem; parking must be provided to meet current Code. There have been no other comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. There is no documented history of the site. Staff has received some informational calls concerning the request. 7. This area is part of the Oak Forest Neighborhood Plan, which does not reflect a commercial zoning at this location. Because of this and the possibility of encouraging further commercial encroachment north of West 11th, staff does not support the "C-1" request. The use of a beauty shop does not seem to have created problems for the neighborhood, but there are other uses permitted in "C-1" that could have a negative impact on the area. The owner does have another option, and that is requesting either "O-1" or 60-3" which does permit beauty shops as conditional uses. Staff feels that this is a viable alternative because of the large commercial involvement to the south and the "0-3" lot to the west. An office reclassification is more appropriate for this location and should have less of an impact on the neighborhood than a commercial rezoning. STAFF RECOMMENDATION: Staff recommends denial of PLANNING COMMISSION ACTION: The applicant, Curtistene Barnes, was present. There were no objectors. Ms. Barnes spoke briefly and agreed to amending her request to "O -l." There was some discussion about the conditional use permit that would be required for the beauty shop. A motion was made to recommend approval of the amended application to "0-1," waive additional filing fees, no renotification of property owners be required and that the use continue to operate. The motion passed by a vote of: 8 ayes, 0 noes and 3 absent. February 26, 1985 Item No. 4 - Z-4395 Owner: Applicant: - Location: Request: Purpose: Size: Existing Use: Curtistene Barnes Same 4118 West 11th Street Rezone from "R-3" Single Family to "C-1" Neighborhood Commercial Beauty Shop 5,980 square feet Single Family Residence/Beauty Shop (nonconforming) SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-4" South - Commercial,, Zoned "C-3" East - Single Family, Zoned "R-3" West - Office, Zoned "0-3" PLANNING CONSIDERATIONS: 1. This request is before the Planning Commission as a result of an enforcement action by the City Zoning Office. The beauty shop is currently in place and operating. The property is located just north of an area along West 12th that has had a number of rezoning changes, primarily to "C-3." For the most part, the existing commercial zoning is restricted to the block between 11th and 12th on both the north and south sides of West 12th. There is exception to that pattern, and that is along West 13th from Cedar to Oak. The "C-3" zoning is along the south side of West 13th, but that area has been zoned for years and has the potential of being a neighborhood commercial center. Also, the majority of the structures are commercial buildings with very few single family residences. The lot at 4118 West 11th is across the street from "C-3" zoning, a food store, but is located in a block that is all single family except for the use to the west, which is an office. In the immediate vicinity north of West 11th, the primary land use is still single family. 2. The site is a typical residential lot with two structures on it. The accessory structure at the rear of the property is being used for the beauty shop. February 26, 1985 Item No. 4 - Continued 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. Engineering reports that parking and access are a problem; parking must be provided to meet current Code. There have been no other comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. There is no documented history of the site. Staff has received some informational calls concerning the request. 7. This area is part of the Oak Forest Neighborhood Plan, which does not reflect -a commercial zoning at this location. Because of this and the possibility of encouraging further commercial encroachment north of West 11th, staff does -not support the "C-1" request. The use of a beauty shop does not seem to have created problems for the neighborhood, but there are other uses permitted in "C-1" that could have a negative impact on the area. The owner does have another option, and that is requesting either "O-1" or "0-3" which does permit beauty shops as conditional uses. Staff feels that this is a viable alternative because of the large commercial involvement to the south and the "0-3" lot to the west. An office reclassification is more appropriate for this location and should have less of an impact on the neighborhood than a commercial rezoning. STAFF RECOMMENDATION: Staff recommends denial of "C-1." PLANNING COMMISSION ACTION: The applicant, Curtistene Barnes, was present. There were no objectors. Ms. Barnes spoke briefly and agreed to amending her request to "0-1." There was some discussion about the conditional use permit that would be required for the beauty shop. A motion was made to recommend approval of the amended application to "0-1," waive additional filing fees, no renotification of property owners be required and that the use continue to operate. The motion passed by a vote of: 8 ayes, 0 noes and 3 absent.