HomeMy WebLinkAbout05.15.58}
ZONING AIM MANNING COI1MISSION
Regular Meeting - May 15 1968
City Commission Roos;, City Ball
Members present wares Yammers. too Faville, Karnes, Molibbin, Talley,
Johnson, and Barris. Also present mores Wo B Mww3.es, City Manager, and
Me A ?elvington, Building Official
The first item of business was the request for rezoning from an R-1 some
to that of an R~2 on the southwest corner of 3rd Street and San Marcos Avenues
Legal Description beings Lots 2 a and 4. Block 29, Mellonvillse The parpe"
for the rezoning was a proposed site for a professional offloei being that of
a dootor, specializing in Oynocology and Obstectrios Representing the request
were Mrse Dingfelder, agent for the doctor and Mrs Ernest Southward owner of
the property
In the general discussion that followed it was pointed out that directly
across the street (to the north) was an R4 zone already set up Also, in
relation to the requested area, Lot 1 contained a single family dwelling and,
therefore, if rezoning was thought feasible, it would be well to include this
lot and round -out the entire area.
Upon notion of Art Harris, seconded by Pat Johnson, and motion carried
the following was recommended for submission to the City Commissions
Rezone from an R -1 area to that of an R-2j Lots 1, 2 3,
and 4 Block 29y Mellonviilee
The board had as its guest, his honor, Mayor Warners Mayor Darner told
the board that he wai appearing to request time board to give now thought or
to take action on 10 trying to eliminate something before it happened* This
statement was in reference to residences being constructed, or existing
residences, in a oommercial area which will almost inveribly bring complaints
from the residents in the area. The mayor thought it wise for the board to
think along these terms in relation to West First Street, which in the near
future will b6 widened by the State Road Department. He suggested that it
might be well to oheage same of this area from an R -1 to a C-2
Chairman Mogibbin told the mayor that this item was on the agenda and was
to be brought up for discussion at this meeting as the matter had already been
brought to his attention by the fact that -- --same of our industrial sites are
threatened with possibility of elimination by the erection of dwellings in the
same areas and, when residents are advised that they are building in an
industrial location, subsequently make strong objections which puts the Industria-
list on the spot
Mr Faville mentioned that be felt that residents building in a commeeiNBial
zone should take note in the fact that this would naturally devaluate their
property. The Mayor mentioned that since there is very little industrial property
in Sanford, something should be done to protect what we haves Mre Mo$ibbin
mentioned that the majority of the industrial property in Sanford is owned by
the railroad o6apanys
Page - 2 - Z & P Minutes - May 15, 1968
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Mrs Lee mentioned that, in his opinion, after Beat First Street is wide led,
it would possibly develop into the same pattern as French Avenue, and thus
would not be too suggestive or appealing for now residential construction.
V
CL A discussion was then based around the idea of a recommendation to the
as City Commission for an inclusion in the Zoning Ordinance for a provision pro -
!04 hibiting the erection of dwellings in any C-2 areas, At this point, Yre Knowles
mentioned to the Board that any recommendation on this basis would have to be
checked with the City Attorney, as th4 Board should keep in mind that -- "Zoning
is a control method and not a restriotive method ".. He also cautioned the
Board on the fact that -- - "An ordinance cannot be retroaotive "- - - "The use is
Z still residential and it cannot be restricted ". In other words, the use of the
land is not being terminated*
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With the idea in mind that West First Street should in the near future,
be rezoned to that of a C-2, the Mayor then brought up the matter of the policy
sometimes followed by residents where a state road is widened in front of their
property, which ist Use the money that the state pays them for any right -of-
way that is necessary to be taken off their property and move the house to the
rear of the lot and then even sell it; or if the state is forced to buy the
property, then the state or the contractor could sell it back to the former owner
(possibly at a cost) and then the property owner, in turn, moves the house to
the rear of the lot. Therefore, not always in this particular situation is the
house torn down or moved off the property and the land left vacant. Thus, the
}problem confronting the city is that the area, even though C-2 actually still
remains residential and the people feel that they have a ligitimate complaint
against commercial structures coming into the area. This phase was discussed
in relation to the firm of Johnson k Johnson and the area they would propose
to develops.
Mr. Knowles told the members it was his understanding that the state could
take up to the front porch of a person's property, but were not allowed to touch
what is called the "eminant domain ".
Mr. Karns then brought up the feasibility of incorporation into the Zoning
Ordinance a higher requirement for the aide yard, rear yard, etc., for a residence
construction in a commercial, area (C-2), thus requiring more lot area, which
might discourage the residential builder.
Q Mr. Knowles mentioned that his thought on this would be that if higher
residential regulations were set forth for a 0-2 area, they would have to be
made on the basis of health and welfare because of noise and odors, as the basis
(L for passage of a general law is-- health, safety, and morale, even though the
0 added apace requirement would be for protection of the residents.
Mr. MoKibbin suggested that the aforementioned recommendations, if feasible,
be made as two separate recommendations to the City Commission. However, Mr.
Harris felt that one would eliminate the other,
in
Z Mr. Knowles suggested to the Board that it would be to their advantage to
first determine the most acute factor at the present time slid deal with them
one at a time, whether it bee (1) land that is being used, or (2) unused land
that can be developed,
Page - S - Z & P Minutes - May 15, 1968
After final discussion, yr. MoSibbin thought it best to defer action on
the problem of existing dwellings in C -2 areas and continue•to give individual
thought to it. Thereupon, yre Faville moved to reoommend to the City Commigiion
- --that an inclusion be made in the Zoning Ordinance prohibiting against oon-
struction of new residential structures in the C-2 areas* Notion seconded by
Mre Lee. Motion carried unanimouslye
Also, yr. Mogibbin closed the meeting with the thought that it might be
well to Imep'in mind the "upping" of the regulations of residential construction
in C -2 areas.
There being no further business, Nr. Karns moved for adjournment, Notion
seoonded by Dire Favillee Notion oarried
Chairmaff
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