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12-04-1990 Request} • • MINUTES PLANNING & ZONING COMMISSION December 4, 1990 The meeting of the Planning & Zoning Commission was called to order Tuesday, December 4, 1990 at 8:00 by Chairman John Sargent. Members present were James Brown, Marilyn George, Don Smith, Edward Ivey, Bonnie Kranz, and Peter Bertonaschi. Members absent were Adelbert Evans and Carlos Solis. Also attending were Wayne Saunders City Manager and Mimi Hauch Planning Technician. MINUTES of the meeting held November 15, 1990 were approved as presented. NEW BUSINESS: 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Janice Smith LOCATION: 469 Broome Street REQUEST: Operate a child care facility in the R-3 Residential/ Professional District. Mr. Sargent advised the commission that the applicant has requested that this Conditional Use Permit hearing be postponed for one month. A motion was made by Edward Ivey to table this request until the January meeting, seconded by Bonnie Kranz and approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Hogan, McLean and Ladd, Inc. LOCATION: 1133 East Avenue REQUEST: Operate a Professional Office in the R-3 Residential/ Professional District. Mr. Saunders advised the commission that this property is located on the east side of East Avenue and south of the intersection of East Avenue and Highway 50. The property is currently zoned R-3 and is in the NED-3 Land Use District, both of which allow for Professional Offices as a Conditional Use Permit. Mr. Saunders stated that enclosed in the packet is a conceptual site plan for the site which indicates the appropriate number of required parking spaces. This will be a dual use, in that the upstairs will be a professional office and the lower level will be a residential unit. Therefore, two spaces are required for the residential use, along with 1 parking space for each 200 square feet of the professional office use. The property is abutted on the north by a vacant parcel, which is also zoned R-3 and is in the same Land Use District. The property to the south is predominantly developed as residential and in most cases duplexes. Across the street to the west is vacant property zoned C-1 Light Commercial. The property to the east is zoned R-2 and is developed as duplexes and multi-family units. 1 ., • • Staff recommended approval of this request subject to the standards conditions of a Conditional Use Permit and the following additional condition: 1. Sidewalks to be constructed along the property abutting East Avenue. Mr. Dale Ladd, applicant, was present and stated that this would be a small business and there were no plans for future expansion. Mr. Smith stated that he was concerned with the elevation in regard to the water retention area. Mr. Ladd explained that the elevation at this site is approximately the same as the elevation at the site of the new Thompson building. There will also be a retaining wall located on the east side and a wing wall located on the south side. All city codes and engineering requirements would be met. After a brief discussion a motion was made by Mr. Ivey to recommend to the City Council approval of the request as presented by staff, seconded by Mr. Smith and approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Jerry Jones LOCATION: 611 West Highway 50 REQUEST: To amend Resolution No. 615 to include Lots 1 and 2 of City block 72 only. Mr. Saunders stated that the applicant is requesting a Conditional Use Permit to amend the existing Conditional Use Permit on the property. This amendment will separate the property into two parcels with the intention of selling the Highway 50 frontage property, which is now being utilized as Jerry's Amoco Station. The original Conditional Use Permit that was granted for the property included the parcel to the south, which is occupied by a single family residence. The purpose of including this property at that time was to avoid a non-conformance with the code that requires rear access to a parcel, in the event that the side setback is not adhered to. In the original Conditional Use Permit the applicant desired to construct an additional bay on the west side of the building which would be built to the property line. By including the rear parcel with this within the CUP the applicant provided rear access, as well as additional parking and storage area. By separating the two properties at this time the applicant would be creating a non-conformance with the side yard setback, therefore he is requesting a variance to this requirement for rear access. Staff recommended approval of this request subject to the standard conditions of a Conditional Use Permit and the following additional conditions: 1. The E 1/2 of Lots 18 and 19 of City Block 72 may be utilized only for those uses permitted under the zoning classification for this area. All conditions pertaining to this parcel under the Conditional Use Permit granted by Resolution No. 615 shall be rescinded. 2. The paved entrance for employee parking that was constructed on the E 1/2 of Lots 18 and 19 of City Block 2 • • 72 shall be removed. These parking spaces may no longer be utilized as a part of the business operation located at 611 West Highway 50. 3. The dumpster will be located on private property on Lots 1 and 2 of City Block 72 and shall be properly screened. 4. The existing modular storage area located on Lots 1 and 2 of City Block 72 shall be removed. 5. The above parcel described as Lots 1 and 2 of City Block 72 may be used only as a service station, no other business operations may be conducted from this facility. 6. Access to the rear of the property from Lake Avenue shall shall not be blocked by any permanent structure in order to provide fire access to the rear of the building. 7. There shall be no outside storage of any unassembled vehicles, parts, junk, tires or other materials. Mr. Smith stated that when the request was originally made to build the new bay with a zero lot line side setback it was under the condition that the two parcels would be utilized together. He stated he was hesitant to now go back and change something from conforming to non-conforming because the property owner has now decided to sell the parcels separate. Mr. Bertonaschi asked if by putting a short knee wall at the rear of the building would satisfy the need for rear access at all times. Mr. Saunders stated that this would help, but would not solve the problem of the non-conformance. Mr. Ivey asked if a portion of the parcel with the house on it could be added to the front parcel to meet rear setback requirements without making both parcels non-conforming or if perhaps the properties could share an easement of sorts which would be at the rear of both parcels. Mr. Saunders agreed that the integrity of the parcel to the south should be maintained. After a brief discussion a motion was made by Mr. Ivey to recommend to the City Council denial of the request as presented by staff, seconded by Mr. Smith and approved by a unanimous vote. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Elizabeth S. Cahours, Amanda M. McMurphy, and Lynda G. McMurphy. LOCATION: 885 W. Desoto Street REQUEST: Operate a Pre-School in the C-2 General Commercial District. Mr. Saunders stated that the applicant is requesting a Conditional Use Permit to establish a Pre-School facility in the C-2 District at 885 W. Desoto Street. This property is located at the southeast corner of the intersection of West Avenue and Desoto Street. This property is currently under an existing Conditional Use Permit. 3 • • Staff recommended approval of this request subject to the existing conditions as approved under the original Conditional Use Permit, with the following amendment being made to condition #5: The first story of the building shall be used for two residential units. The second story shall be used for a pre-school facility. Staff also recommended that the following additional condition be placed on the CUP: 1. All of the requirements of other regulatory agencies concerning day care or pre-school facilities must be met. All required improvements must be completed prior to a certificate of occupancy for the requested use. 2. Standard sidewalk to be constructed along Desoto Street. Mr. Sargent asked if the fencing would also go up the stairway to prevent the children from falling or possibly wandering away. Lynda McMurphy, applicant, stated that HRS would not require them to do this. She also asked if the sidewalk would be installed at their expense. Mr. Saunders stated that this would be at the owners or tenants expense, this is a standard condition that is normally applied to commercial or professional offices. Ms. McMurphy stated that all regulations required by HRS and the Fire Marshall would be met. Mr. Ivey stated that he had some problem with the facility being located above rental apartments as there would be no control as to who could rent the residential units. Ms. McMurphy stated that in the lease it has been agreed that when the residential units become vacant the pre-school will then take over that space. A brief discussion followed. A motion was made by Ms. Kranz to recommend to the City Council approval of the request as presented by staff, seconded by Mr. Brown. Mr. Ivey suggested these requirements be emended to include another condition being that all requirements of the Fire Department be met. Approved by a unanimous vote. It was decided to hold the next Land Planning Agency meeting December 18, 1990 at 7:00 p.m. There being no further business the meeting was adjourned. ~~ John N. Sargent Chairman ` ~. Mimi Hauch, Planning Technician 4