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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.