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HomeMy WebLinkAbout09.02.65ZONING AND PLANNING COMMISSION MINUTES Regular Meeting, September 2, 1965 8:00 PM - City Commission Room City Hall Members present: Chairman Clifford W. McKibbin, Jr. William Bush Art Harris S. Joe Davis A. W. Lee, Jr. Also present: City Manager Knowles Building Official Linvel Risner Absent: Robert Karns Donald Bishop Dr. Brooke Smith Mason H. Wharton The meeting was tailed to order by Chairman McXibbin. The Chairman announced that a Public Hearing was in session regarding the request of Mr. A. B. Peterson, Sr., representing the property of Mr. Howard Hughes, on rezoning the East 15 feet of Lots 11 and 34, and all of Lots 10 and 35, Block 9, Dreamwold, from that of R -lA one family dwelling district to that of C -1 neighborhood commercial, Mr. Peterson explained that Mr. Wesley Woodson had an option to purchase the above described property, plus Lots 6 through 9 -A fronting on French Avenue and commercially zoned, from Mr. Hughes based on the rezoning whereby Mr. Woodson was proposing the con- struction of a $43,000 commercial building known as the Burger Chef. Further that the proposal was a 60 -foot building in depth with an 80 -foot set back from French Avenue for the off - street parking, entrances from French and exit off of 25th Street. The alley abandonment immediately wrest of the property was in question, but would be presented to the City Commission for action. Mr. Peterson pointed out that Lots 6 through 9 -A facing French Avenue and zoned C -1 were not of sufficient depth for this type of business. Mrs. Clay Williams, owning vacant property immediately abutting to the west and facing Sarita Street, spoke in objection to the re- zoning on the basis of a nuisance of noise, lights and trash. Z & P minutes 9/2/65 -2- ----------- W - - ------------------ - --- - - ~- - ------------ - James Terwilliger, living approximately one block south of the property objected to the rezoning of commercial and requested that the area stay R -lA whereby the commercial would be infringing on Sarita Street, which is strictly built up with residential homes. Mr. Swankhouse, a resident directly west of the property in question and facing West 25th Street, stated that he objected. He and Mrs. Swankhouse felt that commercial would be one more detrimental problem to the sale of the Wright's residential property to the south and across the street on Sarita Street. Mr. Charles Morrison, over three hundred feet to the south, objected on the basis of commercial encroaching on residential property on Sarita Street; more traffic being generated into the.residential area where there is a large number of small children; and the question if another business of this type is warranted in this immediate area. In Executive Session, after a lengthy discussion, it was pointed out that this was a situation that had been anticipated several years ago when the new Zoning Ordinance was drawn whereby commercial use abutting residential zoning could be handled under the regulations set up on Page 50, Section 7. - Accessory Parking in Residential District, allowing the commercial off - street parking to be placed on the property zoned as residential and requiring fencing. The Board also observed that to the immediate south of this property in question and facing on French Avenue is existing commercial property which would be just as feasible as this location and without infringing into an existing residential area. On the basis of the foregoing discussion, it was moved by Mr. Bush to deny the request for commercial rezoning. Motion seconded by Mr. Lee and carried unanimously. Under the same scheduled public hearing was the rezoning re- quest of Mr. Cecil J. Mixon on the property of the S. 42' of the E. 51' of Lot 8, Robinson's Survey from that of R -5, one and two family dwelling district to that of C -2, general commercial. Property more particularly located north of West 13th Street on the west side of Mulberry Avenue directly behind Mixon's Furniture Store. rk r Z & P minutes A 9/2/65 -3- ww-- w-- ---- -.--- - --r-w ww- r- --- ------ -- --- r- ---- ------ -------- w -r-- -r LL. Mr. Mixon stated that he contemplated the operation of a used car lot whereby the 42 feet would be needed to tie in with approxi- mately a 70 -foot southerly commercial strip behind the furniture store, facilitating the construction of a small office building and parking of the cars. Mr. Mixon further stated that the 42 feet by 51 feet would not be of sufficient gize, after deductions were made for set back requirements, to build a residence on, and that he had improved the property by tearing down an old garage and putting up a chain link fence. There was no one appearing in behalf of the rezoning request to register any objections. In Executive Session, it was moved by Mr. Harris, seconded by Mr. Bush and carried to deny the rezoning request on the basis that this would be the only commercial use in the block whereby on the port# 75 feet of this let was an above the average residence and to the west was some average rental living quarters belonging to Mr. Joe Jarrell. Further, the fact of lights burning all night around the car lot and eventually under C -2 mechanical repair work on the cars could be carried on into the night causing a disturbance to residents. t Next under discussion was a request by the Building Official for a clarification on the individual notification to property owners within 300 lineal feet of the property under request for rezoning. The Board authorized that the property owners within the block under rezoning also be notified. Also, notifying only the property owners abutting the higher zoning and not those o~ situated in a lower zoning district such as commercial. =° The Building Official mentioned that under the Swimming Pool Ordinance, fences were also required around the commercial pools such as motels and hotels. Whereby the existing commercial pools did not have the fencing, he requested consideration regarding the enforcement on these and those in the future. Since the Swimming Pool Ordinance is a separate ordinance and does not come under the requirements of the Zoning Ordinance, it was referred back to the City Commission for further action and enforcement. There being no further business at hand, the meeting adjourned. Chairman l Secretary