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06-04-1991 Request• • MINUTES PLANNING & ZONING COMMISSION June 4, 1991 The meeting of the Planning & Zoning Commission was called to order Tuesday, June 4, 1991 at 7:30 by Chairman John Sargent. Members present were James Brown, Edward Ivey, Bonnie Kranz, Don Smith and Adelbert Evans. Members absent were Marilyn George and Joseph Wiebush. Also attending were Lanny Harker Planning Director and Mimi Hauch Planning Technician. MINUTES of the meeting held May 7, 1991 were approved, as presented. Mr. Sargent informed the Commission that he had received a letter of resignation from member Peter Bertonaschi. NEW BUSINESS: 1. REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT APPLICANT: The Learning'Center Linda McMurphy Representative LOCATION: 885 W. Desoto Street REQUEST: To amend Resolution No. 700 to include the lower level of the building to be used as a pre-school facility. The applicant is requesting an amendment to the original CUP to allow the expansion of the existing Pre-school facility located at the southeast corner of the intersection of West Avenue and beSoto Street. A copy of the existing Conditional Use Permit is enclosed for your review. Staff recommends approval of this request subject to the existing conditions as stated in Resolution No. 700, with the following amendment being made to condition #5: The structure may be used as a pre-school only. No other business operation may be conducted from this facility. Mrs. Elizabeth Cahours, representing the Learning Center, wanted to make sure that this amendment would include both address of the lower level, so there would be no need to amend this CUP again. Mr. Harker stated that there would be no problem with this. A motion was made by Ed Ivey to recommend to the City Council approval of this request as presented by staff, seconded by James Brown, approved by a unanimous vote. 2. REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT APPLICANT: Bud Meadows LOCATION: 1210 Bowman Street REQUEST: To amend Resolution No. 636 to allow the expansion of an existing church and to extend the expiration date from October 16, 1991 to October 16, 1994. 1 • • Mr. Harker informed the Commission that the applicant is requesting a second extension to the original CUP that was initially approved in 1987 and then extended for an additional two (2) year period in 1989. There are two (2) significant changes to the present request. The first is for expansion of the existing facility to include the adjacent commercial office site at 1214 Bowman Street (formerly Quality Quick Print). The other requested change is to extend the length of the CUP from a two ( 2 ) year time frame to a three ( 3 ) year conditionally permitted use. Research conducted by staff on the .prior approval has indicated a concern on placement of this type of use in a commercially oriented facility. The primary concern being possible limitation and compatibility with other business that could potentially serve alcoholic beverages as a part of their business. Mr. Harker stated that another consideration that should be addressed is the potential proliferation of this form of use in commercial zones. This sets an adverse precedent for further establishment of "storefront churches" in other commercial areas of the City. Staff recommends approval of the request subject to the conditions of the original CUP. However, staff recommends that the time limitation remain at two (2) years from the established date of the existing CUP which will be October 16, 1993. Mr. Bud Meadows stated that the churches intention is to eventually build their own church someday. The church is very cramped in the existing spot and they need the additional space. Adelbert Evans stated there is a proliferation 'of 'storefront churches" that have stifled the possibilities 'of some of the commercial property and in a commercial area this is not good. James Brown stated that many churches have started as so called "storefront churches" in commercial areas but have eventually prospered and expanded over time to become nice. I believe each situation should be given an opportunity on its own merit. However, instead of the three year extension perhaps we should just consider a two year extension. Don Smith asked what the legalities would be if the CUP stated that if at .sometime during the duration of the CUP, an adjacent property owner wanted to establish an allowable use that was restricted or disallowed due to the location of the church (i.e. the sale of alcoholic beverages) that the CUP then be withdrawn or negated. Don Smith further stated that he felt the portion of the ordinance that stated the restriction of the sale of alcoholic beverages, schools, etc. cannot be located closer than 500 feet to a church, should be amended by the City Council and should not pertain to commercial zoned properties. A motion was made by Adelbert Evans that the Commission recommend denial of the request to City Council, seconded by Don Smith (tq obtain a vote), the motion died with a 1-5 vote, Mr. Evans voting aye, all others voting nay. A motion was made by Edward Ivey that the Commission recommend approval of the request for the expansion of the church and to extend the CUP for two years, seconded by James Brown, approved by a vote of 5-l, Mr. Evans voting nay. 2 • • 3. REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT , APPLICANT: Ken Norquist LOCATION: 490 West Avenue REQUEST: To amend Resolution No. 671 to allow the placement of a train caboose for use as an office. Mr. Harker informed the Commission that this application is the same as originally stated except that the term general office has now been applied. Mr. Harker noted that the staffs recommendation is for approval. The train caboose will be used as a general business office, and will be consistent with the existing theme of the site. Both structures, the restaurant and the general office, will have to meet a•11 codes and requirements for both uses. Both uses are permitted uses in the C-1 Commercial District. Don Smith asked if granting this amendment would in affect restart the one year time limit for construction to begin on this CUP. Mr. Harker replied that it would. If the request is approved by City Council the applicant will have one year from the date of approval to begin construction. Edward Ivey asked if the caboose would be considered a temporary structure or a permanent structure. Mr. Harker stated this would be a permanent structure and would have to meet all the requirements of a permanent structure. A motion was made by Don Smith that the Com~i~~sion recommend approval of the request, seconded by Adelbert Evans. Further discussion followed. The motion was amended by Don Smith to recommend approval subject to the conditions as stated in Resolution No. 671 and the following additional conditions: 1. The train caboose is to be used as a general office only. The depot structure is to be used as a restaurant only. 2. The train caboose is to be considered a permanent structure. Adelbert Evans again seconded the motion, approved by a unanimous vote. Further discussion followed regarding a workshop that was recently held on Growth Management for Citizen Planning Boards and attend by Mr. Sargent and Mr. Brown. Their being no further business he meeting was adjourned. / John N. Sargent, C airman ATTEST: Mimi Hauch, Planning Technician 3