09/12/1977 Meeting - Laserfiche WebLink

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