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HomeMy WebLinkAbout08.01.63ZONING AND PLANNING COMMISSION Regular Meeting - 8:00 P.M. August 1 , 1963 - City Commission Room - City Hall Members present were: Messers. McKibbin, Karns, Harris, Johnson, Bush, Davis, and Smith. Also present were: City Manager Knowles and Building Official Yelvington. Chairman McKibbin called the meeting to order. Reading of the previous minutes was waived. Mr. Jim Hunt, representative of FHA mortgage foreclosures, appeared in behalf of the application and Public Hearing for the rezoning of Lot 8, Pinecrest Heights Subdivision and /or 2625 French Avenue from that of R -lA to a C -l..to allow the property to be oc- cupied as a residence, plus a commercial use and /or home occupation of a photographer's studio. Legal notice of public hearing published in the Sanford Herald on 7/30/63. Mr. Hunt stated that the purchaser, Mr. Gassman, was antici- pating on putting a small addition onto the utility room for use as a dark room and placing a small sign on the front. He further stated that this property has been vacant for two years and that Mr. Gassman, Mrs. Gassman and their son would operate the photo business solely. Eight property owners within the area appeared at the hearing and voiced their opinion as follows: - -- Mr. Edmond Weber of 2633 S. Laurel Avenue acted as spokesman for four of the property owners living on Laurel Avenue whereby their property is to the rear and within the same block. He said that they were not in favor of any lowering of the zoning. The Board pointed out that this could possibly be handled as a home occupation whereby the application possibly should have read rezoning to an R -1 instead of a C -1 commercial. Mrs. George Sires of 2631 French Avenue, (Lot 5, Pinecrest Heights),, within this same block and three houses south of the property under public hearing, took the floor and explained to the present abutting property owners that she had submitted an application to operate a day nursery in her home as a conditional use in the R -lA. Z & P minutes 8/1/63 2 The Chairman explained the zoning ordinance as to uses permitted in the R -1A, R -1 and C -1 zones. The Chairman then asked Mr. Weber what would be the feeling of the property owners present regarding the proposed operation of a day nursery and /or the lowering of the zoning to an R -1 to allow the photographer's studio as a home occupation. Mr. Weber consulted with the property owners present and reported to the Board that they objected to the day nursery, photographer's studio and any lowering of their zoning. Mr. Weber stated that he too was voicing the same objection. Mr. Weber pointed out to the Board that consideration should be given to the fact that, on the original purchase of the homes from Odham & Tudor their deed covenant has a clause that so states that these homes are to remain as residential use. Mr. Hunt stated that he believed this to be on the plat and not on the deeds. Mr. George'Sires stated to the Board that he favored an R -1 rezoning so that a vacant home could be occupied. Mr. Joe Wolff of 2627 Laurel Avenue stated that on this basis of home occupation and conditional uses he could see no assurance of just where commercial operations would end; thereby taking one house at a time until the whole block was actually commercial use. At this time, Mr. Gassman.of 1322 Mellonville Avenue and applicant for whom Mr. Hunt was representing, stated to the Board that he was withdrawing the request for rezoning. In Executive Session, the Board reconsidered Mrs. Sires' request for an 6peration of a day nursery in her home. Due to the .opposition Just heard and the fact that Mr. Harris had talked personally with a neighbor of Mrs. Sires', Mr. Harris moved that the request be denied. Motion seconded by Mr. .Johnson and carried. Y v ,J Uzi 0 0 M �i LLI V) x� TiP Z & P minutes 8/1/63 3 The Chairman told the Board that, the City Attorney's legal opinion regarding their prior questions on the day nursery in an R -lA as a conditional use had been received. It is as follows: -- (see questions under minutes of 7/18/63) 1) This is why it is brought before your Board for review as a conditional use whereby you are to make sure by checking the nature of the areas as to jeopardizing and aggravating abutting property owners by this use. This does not open the .entire area up to this type of operation. 2) The number of children can be limited. 3) The use is granted to the individual and not the land and /or the property. The Board reconsidered the request from Mr. Harry Licht to open and operate a modern trailer park on the vacant lots in the Praver Home Subdivision (Woodmere Park Replat). Chairman McKibbin stated that -he had talked with the Commanding Officer of the Naval Air Station regarding a trailer park abutting the naval air station with possibility of being occupied by navy families, and was advised that through prior knowledge this is not considered feasible. After a lengthy discussion,.it was moved by Mr. Karns, seconded by.Dr. Smith and carried that the request for the consideration of a recommendation to the City Commission for the allowance of trailer parks inside the city limits be denied. Thereby, the request of Mr. Licht to operate a trailer park in the Praver Home Subdivision was denied. Mr. Robert Karns was nominated unanimously to fill the vacancy for the liaison member on the Board of Adjustment for the next 3 years. Mr. Karns stated that he would accept the appointment. Moved by Mr. Harris, seconded by Mr. Davis and carried that Mr. Robert E. Karns' name be submitted to the City Commission for appointment to the Board of Adjustment. Z & P minutes 8/1/63 4 A memo dated July 30, 1963, to the Zoning and Planning Commission from the City Manager was read to the Board regarding the reason for previous action taken concerning a variance to allow the operation of a furniture moving and storage warehouse business in a C -2 area. Moved by Mr. Davis, seconded by Mr. Karns and carried that the action taken as outlined in the memo be accepted by the Board. Minutes of April 18, 1963, and June 20, 1963, were read and accepted as written. There being no further business, the meeting adjourned. r (' 4 , plrcU Chairman Secre ary