03-07-1989 Regular Meeting
PLANNING & ZONING COMMISSION
MARCH 7, 1989
The regular scheduled meeting of the Planning & Zoning Commission
meeting was called to order by Chairman John Sargent on March 7,
1989 at 7:30 p.m. Members attending were Don Smith, Curt Dicamillo,
Cecil Smart, Adelbert Evans and Robert Mitchell. Members excused
were James Brown, Marilyn George and Bonnie Kranz. Also attending
were James McAllister Planning Director and Jane Warren Planning
and Zoning Technician.
MINUTES of the meeting held February 7, 1989 were approved as
presented.
NEW BUSINESS
REQUEST FOR A CONDITIONAL USE PERMIT
OWNER: Jerry Jones
APPLICANT: Same
LOCATION: 611 West Highway 50
ZONING: C-1 Light Commercial District
REQUEST: To expand an existing non-conforming use having a side
yard setback of 0' where 12' is required and a rear yard
setback of 10' where 25' is required.
RECOMMENDATION: Denial without prejudice
Mr. McAllister expressed concern regarding fire protection and
overuse of the property. Mr. McAllister informed the Commission
that Robert Smythe Fire Chief, had advised the staff that he felt
the expansion of this use would be a definite fire hazard to the
service station as well as to the surrounding neighborhood.
The property is non-conforming in the following areas:
1. Non-conforming rear yard setback of 10 feet.
2. Non-conforming side yard setback as a result of
of a hydraulic lift being permanently attached to
existing slab within the setback area.
3. Non-conforming use in the C-1 District.
As indicated on the site plan the addition is proposed to be 17'
by 29' and will house the existing hydraulic lift. At this time,
the hydraulic lift is in violation of the zoning ordinance as it
is considered to be a "structure" thereby requiring a setback from
the west property line of 12'. There is also another hydraulic
lift permanently affixed to the concrete directly in from of the
two services bays within the 50'front setback area.
An alternative that the applicant can pursue would be to construct
the addition on the eastern portion of the building. This would
require removing the existing office or storage trailer from the
site. Another alternative discussed with the applicant would be
to acquire the property to the south which according to the
applicant, is to be put up for sale in the near future.
Staff recommends denial of this request without prejudice, thereby
enabling the applicant the opportunity to reapply fora Conditional
Use Permit after three months, in the event that the land to the
south becomes available.
•
The applicant, Jerry Jones was present, and stated the reason for
the request is to enhance his business and to improve the
appearance of the property.
Mr. Jones stated his primary concern is to build a solid structure
that would protect the property adjacent to his site against
possible fire. Mr. Jones also pointed out that if his business
were destroyed by fire he would not be able to rebuild his
business, therefore he would desire the safest possible conditions
for the expansion of this use.
Mr. Ted Maj ewski an adjacent property owner had written to the City
expressing his opposition to the proposal.
Mr. Evans stated that he had contacted several fire protection
services and the consensus was that the existing wall would not
allow the necessary access for fire protection vehicles.
Mr. Smith stated that he felt the situation would be less hazardous
if contained within a cement structure rather than an exposed bay.
Mr. Smart stated he was not opposed to the expansion of this non-
conforming use and suggested that the expansion would not increase
the fire potential significantly.
Mr. McAllister stated as a fire fighter himself, he was concerned
about access between the buildings, should a fire occur.
Mr. Sargent expressed concern about a possible precedent being set
if this request were granted.
After a brief discussion a motion was made by Don Smith to
recommend to the City Council approval of this request, seconded
by Cecil Smart. The motion failed by a 3-3 vote. Members Smith,
Smart and Evans voted aye. Members Sargent, Mitchell, and
DiCamillo noted nay.
John Sargent, Chairman
ATTEST:
Jane Warren, Planning & Zoning Tech.