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05-02-1972 Regular MeetingPLANNING AND ZONING COMMISSION MEETING A meeting of the Planning and Zoning Commission was held in the Council Chambers on Tuesday, May 2, 1972. The meeting was called to order at 7:30 P.M. by Chairman Czech with the following members present: Mesdames Thomas and Ray and Messrs. Williams, Winther, VanderMeer, Bratton, Oswalt, Lovelady, Baird, and Seaver. City officials present were t~iayor Don E. Smith, Councilwoman Watson, Councilmen Beals, Smoak, Schroedel, City Manager Hopkins, City Attorney Langley, and Building Official Nagel. Others present werE Misses Prater and Lorenz, Mesdames Nagel, Yancey, Laveign, Modica, and Mr. and Mrs. L. Black, Mr. and Mrs. Ray Jones, Mr. and Mrs. R. Milbrath, Mr. and Mrs. Golby, Mr. and Mrs. G. Middleton, Messrs, A. Sherman, Bob Ray, W. Williams, Hindeman, Ken Golby, Nick Jones, Derow Poynter, W. Prior, H. Roberts, F. Innis, W. Darling, Max Judy, and R. Harris. The Invocation was given by Mr. VanderMeer. Chairman Czech welcomed the visitors and city officials to the meeting. The Minutes of the meeting held on April 1$, 1972 were approved as written. A Public Hearing was held to consider a request of Richard Ii. Langley for the rezoning of all of Block 19 and Lots 3, 4, and 5 in Block 20 and all land lying between these lots and Crystal Lake from the present R-1 Zone to R-3A zoning, and the closing of that part of Juniata Street lying West of Second Street and East of Crystal Lake, also all that part of Broome Street lying west of Second Street and East of construction of apartments on the property requested to be rezoned. r4r. Lamar Black appeared before the Commission and presented a petition signed by residents of the city opposing the rezoning and requesting a separate hearing on the closing of the streets. He also requested that the petition be presented to the City Council. Opposition to the rezoning was further voiced by i~iessrs. Claude Smoak, Jr., A. Sherman, W. Prior, and Ray Jones. A letter from rZrs. Ruth L. Yancey wherein she opposed the rezoning was read by the secretary. Mr. Czech read a letter addressed to the City Manager from James C. Watkins, Director of the Lake County Planning Department where- in he suggested considerations for the commission in arriving at decisions in rezoning. Motion was made by i~ir. Baird, seconded by Mr. VanderMeer, that recommendation be made to the City Council that the request for rezoning of all of Block 19 and Lots 3, 4, and 5 in Block 20 and all land lying between these lots and Crystal Lake from the present R-1 Zone to R-3A zoning, and the closing of that part of Juniata Street lying West of Second Street and East of Crystal Lake, also all that part of Broome Street lying west of Second Street and East of Crystal Lake be approved. Upon show of hands the results were: Ayes: 4. Hayes: 5. Abstaining: Winther. The motion failed to carry. A Public Hearing was held to consider request of Clermont Realty as Agents for Dr. William Washuta for rezoning Tract 61, Lake Highlands in Section 18-22-26 from the R-1 zone to an R-3 zone. Mr. Nick A. Jones, representing Dr. Washuta presented a site plan and explained the projected use of the property. Following discussion, motion was made by Mr. Oswalt, seconded by *-Sr. Lovelady, that a recom*nendation be made to the City Council that the request for rezoning of Tract 61, Lake Highlands in Section 18-22-26 from R-1 to an R-3 zone be granted. The motion carried with Mr. VanderMeer abstaining. A Public Hearing was held to consider request of Clermont Realty, as Agents for Dr. William Washuta for rezoning of Lot 5, Block F, less the North 167' more or less but including the West 60' of the North 167' more or less and all of Lot 6, Block F from the present R-1 zoning to an R-:~ zone. Following discussion wherein opposition to the rezoning was voiced by Mr. W. Darling and Mrs. Joan Modica, motion was made that the request for rezoning of Lot 5, Block F, less the North 167' more or less but including the West 60' of the North 167' more or less and all of Lot 6, Block F from R-1 zoning to an R-3 zone be denied. Upon show of hands the result was: Ayes: 6 Nayes: 2 Abstaining: VanderMeer. Absent: Winther. The motion carried. A request was made by Mr. Jones that the request for the above zoning be changed to a request from R-1 zoning to R-3A zoning. Motion was made by Mr. Baird, seconded by Mr. Bratton, that recommendation be made to the City Council that the rezoning request of Dr. William Washuta for rezoning of Lot 5, Block F, less the North 167' more or less but including the West 60' of the North 167' more or less and all of Lot 6, Block F be considered from an R-1 zone to an R-3A zone. The motion carried with DZr. VanderMeer abstaining. Mr. VanderMeer requested that it be made a part of the minutes that he did not enter into any discussion on the above zoning requests of Dr. Washuta. A Public Hearing was held to consider request of Mr. and Mrs. Harvey Nagel for rezoning of Lots 1 through 17, Block 17, Hillside Terrace from the present R-1 to R-3A zone. Mr. Nagel appeared before the Commission and presented a preliminary plat of Garden Type apartments which he proposes to construct on the property requested rezoned. Mr. Glen Middleton objected to the change in zoning. Mr. Nagel read a letter from P4rs. P. Maynard wherein she stated that she was in favor of the rezoning. It was further requested by Mr. Nagel that that part of Woodland Avenue lying North of Shady Nook Drive to the South shores of Shady Nook Lane and North and East of Hillside Terrace be closed. Motion was made by Mr. Baird, seconded by Mr. Bratton, and carried, that a recommendation be made to the City Council that the request for rezoning of Lots 1 through 17, Block 17, Hillside Terrace and closing of that part of Woodland Avenue lying North of Shady Nook Drive to the South shores of Shady Nook Lane and North and East of Hillside Terrace Subdivision be denied. Motion was made by t,1r. Baird, seconded by Nir. Bratton and carried, that the aforesaid motion be rescinded. Motion was made by Mr. Vander:~eer, seconded by Mr. Baird, that recommendation be made to the City Council that the request for rezoning of Lots 1 through 17, Block 17, Hillside Terrace from R-1 zoning to an R-3A zone be granted. Upon show of hands, the results were: Ayes: 6. Nayes: 3. Absent: Winther. The motion carried. The request for the closing of that part of Woodland Avenue lying North of Shady Nook Drive to the South shores of Shady rdook Lane and tJorth and EasteE Hillside Terrace Subdivision was tabled until June 6, 1972 meeting of the P&Z Commission. Mr. W. L. Williams of Williams and Wade Construction Co., Inc. presented a Preliminary Plat of Edgewood Subdivision for the Commission's consideration. Following discussion, motion was made by Mr. VanderMeer, seconded by Mr. Baird, and carried, that recommendation be made that the Preliminary Plat for Edgewood Subdivision as submitted by Williams & Wade Construction Company, Inc. be approved subject to meeting the requirements for park area and provision for a cul de sac. Motion was made by Mr. VanderMeer, seconded by Mr. Baird, that the commercial lots shown on the preliminary plat of Edgewood Sub- division be divided into two lots. The motion carried with Thomas, Ray, and Oswalt abstaining. Mr. Derow Poynter of Poynter and harder Construction Company, Inc. presented a plat plan of Phase 2 of their Mobile Home Park. Motion was made by Mr. VanderMeer, seconded by Mr. Baird, and carried, that recommendation be made to the City Council that the plat plan for Phase 2 of the Mobile Home Park by Poynter & Harder Construction Company, Inc. be accepted as submitted. The meeting was adjourned. Henry Czech, Chairman Mildred Dollar, Secretary