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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 After being on the agenda for several months, the request was finally withdrawn without prejudice in September 1986. 7.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.