06-04-1991 Request•
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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.
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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.
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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
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