HomeMy WebLinkAbout09.18.58ZONING AND PLANNING COMMISSION MEETING
Regular Meeting - September 18, 1958
7:30 p.m. - City Commission Room, City Hall
Members present were: McKibbin, Lee, Morgan, Hirshberg, Harris
Karns, and Johnson. Also present were City Manager Knowles, Building
Inspector Yelvington, and Dr. Charles Park, Sr.
Meeting was called to order by Chairman Mcgibbia.
Chairman McKibbin requested that the reading of the minutes be
waivered.
The first order of business was the rezoning request of Dr. Park,
Sr., for Lots 1, 2 3, and 4, Block 28, Mellonville Sub - division;
between 3rd and 4a Streets, and San Marcos and Mellonville Avenues,
from its present classification of R -1 and B -lA to an R -2 zone.
Dr. Park, Sr., and his son, Dr. Park, Jr., along with Dr. Mather,
and possibly Dr. Morrison were proposing the construction of a clinic.
However, the doctor stated that all plans were hinging on the possi-
bility of the rezoning. The doctor also stated that the building would
be constructed on Lot 1, and any extension of off - street parking would
be on Lot 3; and that, if Lots 2 and 4 were not used by them in relation
to their clinic, they would not sell unless the proposed construction
would be in line with their own type of building.
Mr. Morgan moved that all of Block 28, Mellonville Sub - division,
be rezoned to that of R -2. Motion seconded by Mr. Harris. Motion
carried unanimously.
Mr. Hirshberg moved that the E. V2 of Block 22 (consisting of
Lots 1 and 2), Mellonville Sub - division; bounded by San Marcos Avenue,
Mellonville Avenue, 2nd Street and 3rd Street, also be rezoned to that
of R -2. Motion seconded by Mr. Harris. Motion carried unanimously.
A discussion was then centered around the possible changing of
the regular meeting nights from a Thursday to a Tuesday. The majority
favored Thursday evening.
Mr. Harris brought to the board's attention the parking situation
at the Winn -Dixie Store on French Avenue and 25% ,Street. He claimed
that this was jeopardizing the traffic pulling onto French Avenue.
Mr. Knowles told the board members that this same situation had been
brought to the attention of the State Road Department by his office,
and that "no parking" areas had been requested. The reply from the
State Road Department was negative to the no parking area.
In view of this fact, Mr. McKibbin
a motion by the Commission to memorialize
they consider seriously the elimination
highway in front of the Winn -Dixie Store
17 -92.
suggested an entertainment of
the State Road Department that
of the parking on the Federal
at.252 Street and French Avenue;
Z & P "minutes"
September 18, 1958
- 2 -
Mr. Yelvington suggested that a possible solution might be to
have all exits from 252 Street and all entrances from French Avenue.
Mr. MCKibbin stated that the state and state road department
must become cognizance of the fact that some sections of towns,
where a state road travels, eventually change from a rural to
urban classification.
Mr. Harris moved that a resolution or statement, as set forth,
be made in writing and forwarded to the State Road Department office,
and that it be signed by the Chairman of the Board, with the attest
of the Secretary:
�10 "That parkin be prohibited on the west side of French
Avenue, 1? -V from 250 Street north to 240 Place ".
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Motion seconded by Mr. Hirshberg and carried.
Q Mr. Harris then questioned the pole -type construction and its
LLJ compliance with the buildin code at the corner of 252 Street and
CL_ Sanford Avenue (g.E. corners. Mr. Yelvington told him that the
°b structure did meet the "performance code" in every way.
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Cdr. Yelvington then mentioned the area approximately a block
and a half east of the Park Avenue Trailer Park, from 260 Street
O to Orlando Drive. This was originally rezoned to a 0-1 area for
O the Food Fair Store, but never developed in this particular area.
co His thought was that possibly the members might like to consider
rezoning this area back to its original status, due to the surround-
ing area being that of an R -1 zone.
Mr. McKibbin suggested to the members that they take the above
rezoning matter into consideration.
Mr. Yelvington then referred to the board's attention the
proposed amendment to the Zoning Ordinance regarding the Board of
Adjustment. He'explained to the board members.that this proposal
was "in keeping" with the City Charter requirements, and had been
based to some extent by various court decisions through a model
zoning ordinance.
He also stated that the Board of Adjustment could not meet at
present, due to legality, under their existing zoning ordinance.
Therefor, Mr. Yelvington, asked the board to give every consideration
to the present proposal and possibly make a recommendation to the
r• City Commission for adoption, since the Zoning and Planning acted
as an "advisory board" to the Board of Adjustments. This pro-
p: posed change was made due to the fact that the city's zoning
ordinance was adopted in 1944, and the City Charter was adopted
in 1949 therefor, the zoning ordinance was never changed in keeping
o
With the city charter.
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Z & P "minutes"
September 18, 1958
- 3 -
Mr. McKibbin questioned the fact whether or not the City
Attorney had checked the proposal and submitted an opinion.
He stated that due to the urgency of the situation, that it be
read thoroughly by each member and discussed at the next meeting.
Mr. Lee stated that he would definitely like the City Attorney's
opinion or passing on it before the board made any recommendations
to the City Commission.
Mr. Knowles urged the board to adopt the proposal, pending
an opinion from the City Attorney.
However, Mr. Harris pointed out that after his study of the
proposal that Section II -a, Item 3, was very contradictory in his
opinion; upon which a very heated discussion evolved around the
legal technicalities and possible interpretations of the proposed
amendment.
Mr. Harris was also of the opinion that if the proposed amend-
ment were adopted, and under the above section in question, it
would practically eliminate the need for a Board of Adjustment's
body to consider variances. He stated that he would definitely
want the City Attorney's opinion on "what would be a person's own
action ".
In this discussion, several illustrations were given as to
what might be or could considered as constituting the "actions
of the applicant" and /still be considered as "special conditions
and circumstances existing which are peculiar to the land, structure,
or building involved ".
Since Mr. Harris, Mr. Hirshberg, Mr. McKibbin, Mr. Knowles,
and Mr. Yelvington had reached the ambiguous point in their
interpretations, it was decided that a committee meet with the
City Attorney at the earliest time possible and to make the
decision upon submitting the proposed amendment to the City
Commission as a recommendation from the Zoning and Planning
Commission. The committee appointed was as follows:
Chairman McKibbin, Mr. Bob Karns, Mr. Arthur Harris.,
and Mr. Herb Hirshberg.
There being no further business, Mr. Morgan moved for
adjournment. Motion seconded by Mr. Harris and passed.
airman
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