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09/12/1977 Meeting
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09/12/1977 Meeting
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City Council Minutes
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9/12/1977
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<br /> D. Rezoning property located between 13th Avenue and 14th Avenue, west <br /> e of Chambers Street from R-1 to RP-SR (Tax Lot 9400) and from R-1 to <br /> R-2 SR (Tax Lots 9200 and 9300) (Janisse)(Z 77-27) <br /> Recommended by the Planning Commission August 1, 1977, with a 5-2 vote. <br /> Manager reviewed the location and the request for rezoning for Council, <br /> noting it was a difficult decision and this was the second time the <br /> matter had come before the Planning Commission. Mr. Saul said Tax <br /> Lot 9400 contained 8800 square feet and was presently developed with <br /> an office structure, which had been there since the early 1960's. <br /> He said in 1962 a variance was allowed for a dental office structure <br /> and since 1968 the structure had been used for a variety of office <br /> functions. He said the owner did seek the rezoning and the Planning <br /> Commission did recommend approval. However, it did modify the request <br /> for rezoning on Tax Lots 9200 and 9300 to apply R-2 zoning. He said <br /> if this were approved, six units would be developed and the land is <br /> presently vacant. <br /> Mr. Delay questioned staff as to the reasons why Mr. Bernhard and <br /> Ms. Lannom had voted against the zoning request. Mr. Saul said, as he <br /> recalled, Mr. Bernhard did not give any indication for his reason <br /> and Ms. Lannom took the staff's position of recommending denial for <br /> the rezoning. <br /> Ms. Smith requested staff clarify its position of recommending denial, <br /> and wondered if it were based on the fact it was not in conformance <br /> with the objectives of the General Plan. Mr. Saul said staff had <br /> e recommended denial, but the Planning Commission had recommended <br /> approval. He said the sole basis for the applicant's rezoning request <br /> for RP zoning was there was an existing office structure located on <br /> Tax Lot 9400. He said the City does not follow the practice of legiti- <br /> mizing non-conforming uses, noting that Tax Lots 9200 and 9300 were <br /> vacant. The Planning Commission felt, however, in this instance, <br /> since the City record had been somewhat less than clean, there were <br /> exceptional circumstances in this case. He said originally the staff <br /> recommendation for denial was made at the time the applicant was seek- <br /> ing RP zoning on the entire land. Staff did not see how it could <br /> recommend zoning the two vacant lots for office development. The <br /> Planning Commission, however, did recommend R-2 on those two vacant <br /> lots. <br /> No ex parte contacts or conflicts of interest were declared <br /> by Council members. <br /> Staff notes and minutes of August 1, 1977, were entered as part of <br /> the record by reference thereto. <br /> Public hearing was held with no testimony presented. <br /> C.B. 1536--Rezoning from R-1 to RP-SR Tax Lot 9400, located between <br /> 13th Avenue and 14th Avenue, west of Chambers Street was <br /> read by council bill number and title only, there being no <br /> . Council member present requesting that it be read in full. <br /> 9/12/77--7 <br /> ~~ <br />
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