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HomeMy WebLinkAboutZ-4593 Staff AnalysisApril 22, 1986 Item No. 3 - Z-4593 Owner: Applicant: Location: Request: Purpose: Size: R.E. Bradshaw Same 3900-3924 Asher Avenue and 2701-2711 Cedar Rezone from "R-3" and "C-3" to "C-4" Commercial 1.5 acres Existing Use: Single Family and Commercial SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-3" South - Commercial, Zoned "C-3" and "I-2" East - Commercial, Zoned "I-2" West - Commercial and Quasi -public, Zoned "0-3" and "C-3" PLANNING CONSIDERATIONS: 1. The request is to rezone the site to "C-4" for a used car lot and possibly some type of storage facilities. A portion of the property has been used for a car -sales lot, and the City does recognize the use as having a legitimate nonconforming status. The land is located on Asher Avenue between Pine and Cedar. Several of the lots also have frontage on both Pine and Cedar. The area has a very mixed zoning and land use pattern. The zoning includes "R-3," "R-4," "R-5," 110-3," "C-3" and "I-2" with similar uses. On the "0-3" tract to the west, there is a charitable organization located there, a quasi -public use. For the most part, the existing land use conforms to the zoning. A "C-4" reclassification for this particular location should not have an impact on the neighborhood especially since it has had a "C-4" use on it in the past. The primary issue associated with this request is how far should the commercial zoning be extended north of Asher. 2. The site is made up of several residential lots and an abandoned street right-of-way. There are two nonresidential structures located along Asher and three single family residences on the Cedar Street lots. April 22, 1986 Item No. 3 - Continued 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. There have been no adverse comments received from the reviewing agencies as' of this writing. 5. There are no legal issues. 6. There is no documented neighborhood history on the site. In 1962, a zoning variance was approved for the used car lot. Recently, the City has initiated some enforcement action against the owner because of some outdoor storage. It's the staff's understanding that the items in question will be removed in the near future. 7. The site under consideration is part of the Stephens School Neighborhood Plan area. The plan does identify some of the property for commercial use and does draw a line between the commercial and residential about mid -block. Staff feels that this is a reasonable approach and recommends that only the portion currently zoned "C-3" be rezoned to "C-4." This would exclude the two "R-3" lots on Cedar. Staff's position is that allowing commercial zoning to West 27th could have an impact on the neighborhood to the north, and the corner of Cedar and West 27th is not a desirable "C-4" location. STAFF RECOMMENDATION Staff recommends that only those lots zoned "C-3" be rezoned to "C-4." PLANNING COMMISSION ACTION: The applicant, R.E. Bradshaw, was present. There were four objectors in attendance. Mr. Bradshaw presented some history on the site and described the existing nonconforming use on the "C-3" property. He then indicated that he would accept the staff's position to delete the two "R-3" lots at West 27th and Cedar from the "C-4" request. Mary Jane McDonald, then addressed the Commisison. She said that the property had problems because of existing storage and that she was opposed to the rezoning. Kenny Scott, of the City Staff, then dicussed the enforcement issue attached to the storage activity taking place on the site. Mr. Bradshaw then spoke and said that all the items in question have been removed. Ms. McDonald made some additional comments and asked that only the Asher frontage be rezoned. April 22, 1986 Item No. 3 - Continued Another resident of the area spoke and discussed the appearance of the property. There was a long discussion about the various issues. The Commission then voted on the amended application to only recommend approval of a rezoning from "C-3" to "C-4" and exclude the two "R-3" lots from consideration. The vote 9 ayes, 0 noes and 2 absent.