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HomeMy WebLinkAbout07.19.62ZONING AND PLANNING COMUSSION Regular Meeting July 19, 1962 City Commission Room - 8 PM Members present were: Messers. Bush, Harris, Davis, Karns, Talley, and Wharton. Also present were: City Manager Knowles, Building Official Yelvington and City Attorney Wm. C. Hutchison, Jr. Meeting was called to order by Acting Chairman Art Harris. Meeting was called for the express purpose of the City Attorney enlightening the Zoning and Planning Commission members on their legality for planning and zoning and if the Courts have and would uphold any cases taken to Court. The following questions were submitted by the board members with answers by the City Attorney. Q: Legal backing for regulations on basis of "esthetic values ". May be involved in protection of property values (is that included in permissive statute?) A: NO DOUBT ABOUT IT. You are forming a foundation for zoning in Florida, which is an element to be con- sidered. Zoning really goes back under the police powers, such as health, safety, welfare and morals. Every case stands on an individual factual basis. Fopp as zing aka a Mat - ZO]�ING COMES FROM YOUR POLICE POWERS and this is: Safety, health, welfare, and morals, which could be arbitrary to the use. Q. In planning (which we are supposed to do) we might have some concern with air pollution by #otor vehicles. Feasibility of legislating elimination of vehicles haFing smokey exhausts, indicating incomplete com- bustion products being exhausted to atmosphere. A. Not a function of zoning. Not the proper place for it. As far as structures are concerned ..4 yes; but not automobiles. Q. Statutory authority for Zoning Board creation. A. Stems from the City Charter and from legislation; then the Board of Adjustment, Zoning and Planning Commission, and Board of Adjustment and Appeals. Z & P Commission July 19, 1962 2 Q. Statutory definition of duties, limit, and responsibility. A. Only authority is to recommend.... and what you can read re use of property so that the City can grow in an orderly fashion. Note from City Manager at this point: Review of Capital Improvements for the City of Sanford. Bill: "Yes ...... remdaber that the City Commission cannot act on their own initiative; they must have a recommenda- tion from this Board. Note on filling stations at this point: (brought up from time'to time re Panama City's Ordinance) - - Bill:' "You cannot be discriminating against one business as opposed to another." (Apparantly only way of eliminating on each corner is through your zoning control. Bill gave the opinion that Panama City's Ordinance might not be upheld if ever taken to court. He did agree that stations on all 4 corners did present a traffic hazard to some extent.) He would be glad to go further into this and see what he can come up with, also curb markets. Q. Statutory definition of valid considerations for and against regulatory power of Board and /or City Commission. A. Already covered this. Q. Definition - legal - of structure. A. Anything that is built... (ground fixture - above and below ground.) Q. One or two actual cases - substantiating zoning or de- cli so we can have at least a vague idea of court thinking. A. Already covered. (referred to case in Miami) Q. Legal . course to set aside any ordinance. A. Go to Court -- showing that it is unreasonable arbitrary. Would be Chancery Court. (Based on esthetics, general welfare of the community, etc. California has really gone down the line with this basis.) (Litigation of this type, however, would not be cheap.) Z & P Commission Ju�y 19, 1962 I 3 Bill: "Remember, you are fairly safe as long as some relationship to your action is in your general plan ". (Referring to Comprehensive City PlAm by Geo. Simons.) Mr. Foghan N. Kelley presented an application for considera- ti n requesting that Lot 16 and H h of Lot 17, Boyd's Subdivision be re -zoned from that of R -lA to that of R -3 in order that he mi t use - tle property for a multiple "preferred class" type of unfits. His plan showed eight rental unite in a private "court y d" arrngement. The units to be of the type of an efficiency apartmeat a with air conditioning and to rent for a nominal fee to teachers, bachelors, etc. This vacant property of 766 inches in width is located on the east side of Maple Avenue between 200 and 22nd streets. However, at the meeting Mr. Kelley brought to the Board's attention that his intentions were to ask for the re- zoning to that of C -1 in order that he could utilize the full area without side yards, et . Mr. Kelley presented pictures of the adjacent area on the ea t side of Maple Avenue as to existing structures to the sides to the rear. The plan also showed 12 off - street parking sp ces. The Board was impressed with the feasibility of this rental m , tiple -type units that were needed However, they could not co�don the idea of re- zoning as low as a C -1 due to this area hawing above -the- average residences, plus a C -1 for this property on4 would be strictly "spot zoning". Therefore, the Board tabled the request on the basis of the request to C -1. However, the Board leaned toward the feasibility of a re- zoning to that of R -3, which would be compatible with the a jacent area, if Mr. Kelley so wished to change his request in t e future end possibily consider a reduction and compute his area tolfit the $ -3 requirements. The Board talked momentarily regarding future Capital Improve- ments. The following were mentioned: 1. Fil e facilities to the south part of the city. ( # Fire station) 2. Water Improvements. 3. Port Authority. There being no further business, moved by Mr. Davis, seconded by Mr. Talley and carried to adjourn.