HomeMy WebLinkAboutZ-4695-A Staff AnalysisJuly 28, 1987
Item No. B - Z -4695-A
Owner: Valentine Hansen and
Valentine Pardo
Applicant: Valentine Hansen
Location: 400 North Van Buren
Request: Rezone from "R-3" to "C-1"
Purpose: Commercial
Size: 0.15 acres
Existing Use: Office
SURROUNDING LAND USE AND ZONING:
North - Single Family, Zoned "R-3"
South - Single Family, Zoned "R-3"
East - Duplex, Zoned "R-4"
West - Single Family, Zoned "R-3"
PLANNING CONSIDERATIONS:
1. The request is to rezone a single lot to "C-1" for an
unspecified commercial or office use. The property is
located at the northwest corner of North Van Buren and
"C" Street in a neighborhood that is primarily zoned
for residential use, either single family or two
family. The land use is almost exclusively single
family residential, especially north of "B" Street. To
the south of "B" Street, the zoning is more of mixed as
is the land use. Between "B" Street and West Markham,
the zoning includes PCD, "0-3," "C-3" and "C-4" with a
commercial zoning being concentrated between West
Markham and "A" Street. The surrounding neighborhood
is a stable residential area and allowing commercial
zoning at this location could create some problems for
the neighborhood.
2. The site is a 45' x 123' lot,with three structures on
it. Two of the buildings are used for residential
purposes, and the third one, located on the corner, is
a real estate office.
3. There are no right-of-way requirements or Master Street
Plan issues associated with this request.
July 28, 1987
Item No. B - Continued
4. Engineering reports that parking is inadequate for a
rezoning from "R-3" to "C -l." Also, if parking is
provided, the access point should be shown and improved
by the traffic engineer.
5. There are no legal issues.
6. There is no documented neighborhood position on the
site. The property has been used for both office and
commercial uses over the years so it has some
nonconforming status. In July 1986, a "C-1"
application was filed for the property. After being on
the agenda for several months, the request was finally
withdrawn without prejudice in September 1986.
7. The request is in conflict with the adopted
Heights/Hillcrest Plan and staff does not support the
"C-1" rezoning. Over the years, attempts have been
made to allow nonresidential zoning to encroach north
of "A" Street. In each of those instances, staff has
been opposed to the rezonings. "A" Street has always
been viewed by the staff as an appropriate line between
nonresidential and residential uses that should be
maintained at all costs. Several years ago, an 110-1"
request was filed for the lot at the southeast corner
of "C" and North Van Buren to allow for a conversion of
a residential structure into an office. That rezoning
was denied by the both Planning Commission and the
Board of Directors. This particular request, if
approved, could have a very adverse impact on the
neighborhood and establish an undesirable precedent for
the area. Also, with three buildings on the lot, the
site is not a viable commercial tract of land. And
finally, the property is not completely restricted to a
residential use only. Because the structure on the
corner has a nonconforming status, it can continue to
be occupied by an office use.
STAFF RECOMMENDATION:
Staff recommends denial of the "C ;l" -rezoning as filed.
PLANNING COMMISSION ACTION: (May 5, 1987)
Staff reported that the item needed to be deferred. A
motion was made to defer the request to the June 16, 1987,
meeting. The motion passed by a vote of 10 ayes, 0 noes,
and 1 absent.
July 28, 1987
Item No. B - Continued
PLANNINGtCOMMISSION ACTION: (June 16, 1987)
The applicant, Valentine Hansen, was present. There were no
objectors. Mr. Hansen reported to the Commission that he
had paid the fee and had completed the necessary
notification of the property owners. He then requested a
deferral to allow him to discuss the rezoning proposal with
representatives of the Hillcrest Property Owners
Association. A motion was made to defer the item to the
July 28, 1987, meeting. The motion was approved by a vote
of 9 ayes, 0 noes, and 2 absent.
PLANNING COMMISSION ACTION: (July 28, 1987)
The applicant, Valentine Hansen, was not present. The item
was disscussed briefly and staff reported that Mr. Hansen
had verbally requested another deferral. After some
additional comments a motion was made to withdraw the
rezoning request with prejudice. The motion was approved by
a vote of 8 ayes, 0 noes, 2 absent, and 1 open position.