HomeMy WebLinkAbout12.03.641
f
f
ZONING AND PLANNING COMMISSION
Regular Meeting
December 3 1964
8:00 P.M. - City Commission Room
City Hall
Members present were: Messers McKibbin, Bush and Dr.
Smith. Also present were: Building.Official Risner and City
Manager Knowles.
Minutes of November 12, 1964, were read by Chairman McKibbin.
The meeting was held on the basis that the City Commission
had requested the Board to again review their previous recommendation
for a childrens' day nursery at 2440 Oak Avenue, since some o�t
abutting property owners had appeared at the City Commission/ �
opposition.
Mr. Wally Dietrichs, local realtor and representative of
the property for the interested parties, Capt. Rowell and Mrs.
Abrams, appeared before the Board with a prepared, detailed
statement outling the happenings and up to the final presentation
to the Zoning and Planning Commission on 11/12/64, regarding the
request for a nursery operation at the above mentioned address as
a "conditional use "; as allowed under the zoning and if so recom-
mended by the Zoning Board and approved by the City Commission.
Mr. Dietrichs stated that, his brother, present in the
audience, was a witness, on the premises at 2440 Oak Avenue,
to Mr. Moxley being approached regarding the nursery and there
was no objection registered by.Mr. Moxley at that time. Mr.
Moxley being an abutting property owner to the south of the
property in question. Mr. Dietrichs also stated that,
in talking with Captain Rowell by long distance, he assumed from
.the Captain's conversation that he had personally talked with
Jerry Daniels, the other abutting property owner, and there was
no objection on Mr. Daniels' part.
Chairman McKibbin also stated that he, personally, had
mentioned this operation to Jerry Daniels and Mr. Daniels had
stated that he would be happy if the whole block were to be rezoned
to commercial.
Mr. Earl Moxley, who prior had appeared before the City
Commission with the statement that he, nor the other abutting
property owners, had been made aware of the request for the day
nursery operation was present.
Z & P Commission "minutes"
12/3/64 -2-
`E
Mr. Moxley then stated to the Zoning Board that he had not
made this statement to the City Commission. However, when proof
was presented to him from the recording of the City Commission
minutes, he stated that he did remember Mr. Dietrichs mentioning
this operation to him on the premises at 2440 Oak Avenue, but
objected to the City Commission because he had since changed
his mind and was now objecting.
� Mrs. Jerry.Dani.els was present and registered objection to
rZ the operation of the nursery as a conditional use.
0
C
co Mrs Abr property owner of 2440 Oak Avenue and proposed
operator of the nursery, told the.Board that the yard was being
fenced in; that with the present area she could handle no more
than 20 children; a supervisor would be with each ten children
and /or one person with every four babies; the children would be
in the yard only four hours a day.
She also stated that in the meantime, she had personally
visited and talked with Mr. Jerry Daniels outlining her nursery
operation and he.had mentioned the fact that he was contemplating
an operation of.a business in his home with reference to selling
insurance. Mrs. Daniels stated that her husband was with the
Atlantic Coast Line R/R and he was presently confined to his home
due to an operation on his back.
Mr. Bush stated that
the Board did not wish to
majority wise there was n
the nursery being a noise
being due to the existing
his observation of the area was that
be involved in personalities, but that
3 valid arguments presented regarding
factor in the immediate area. This
delivery and refuse truck noise at
E the Food Fair Store; present vehicle.traffic noise on 25th
Street, with very near future widening of 25th Street to 4 lanes;
commercial operations from 25th and Park continuing west on
the south side of 25th Street for two block, and the glare of
parking lot lights from the Food Fair, in addition to their
Q air conditioning noise.
Ui
a- Although there was not a
g quorum present, in Executive
Session, the three Board Members concurred to uphold their
prior recommendation to the City Commission that Mrs. Abrams
be authorized and licensed to operate a childrens' nursery
at 2440 Oak Avenue as a "conditional use" and be limited to
no more than 24 children.
Z & P Commission "minutes"
12/3/64 -3-
Dr. Smith mentioned to the Board that he was in favor of
recommending to the City Commission that sidewalks be con-
structed or paths be made for the particular use of bicycle
enthusiasts as a health program that was introduced by the
late president Kennedy. No recommendation was made
at this time.
There being no further business, the meeting adjourned.
Chairman
Secretary