09/26/1977 Meeting (2) - Laserfiche WebLink

Home Browse Search

Jane Degidio, 430 West Broadway, said she bought property in the area because of the mixed commercial and residential nature. She felt the . residential character of the neighborhood would be preserved by the mixed-use zoning. If the rezoning were approved, she asked Council to consider extension to the area for use of CD funds for rehabilitation of residences. Chester Pietka, 372 West 12th, noted his support for the rezoning. Those speaking in opposition were the following: Jim Hershner, 260 East 11th, attorney representing Wyatt's Tire Company, owners of Tax Lot 13000 located on the north side of 11th in the block between Lincoln and Lawrence streets which would be rezoned under this proposed mixed use. The property is currently used as a warehouse for storing tires and for parking in conjunction with the use of the main building which is located across the street and will retain its C-2 zoning. He said his remarks related to the property on the north side of 11th generally, and also would apply to a small parcel located south of the alley between Lincoln and Lawrence. The major objection to the proposed rezoning was that this warehouse property was one of the few parcels which is presently used for commercial purposes, yet would be zoned mixed use. He felt this would be a down zoning and would financially damage Wyatt's since the property would be less valuable. He felt if Wyatt's warehouse property were rezoned MU, its present use would in effect be a non-conforming use. Wyatt's would ~e unable to build any structure e or remodel the present warehouse for commercial purposes if the mixed-use zoning were adopted for that property. He said Wyatt's plans were to use the properties in this area as retail tire outlets only, and this use was not permitted in the mixed-use zone. As another example of the restrictiveness of the new rezoning, he cited the grocery store at 11th and Lawrence which has an apartment on the second floor. The property is owned by Ed McMillan. If his property were rezoned for mixed use, he would be unable to expand his grocery store operation into the second floor without.a conditional use permit and even then, his expansion would be limited to 2,000 square feet. Therefore, he felt it is clear if commercially used property is zoned at mixed use, the rights of the property owner would be severely restricted. He also noted there were three other pieces of property on the intersection of 11th and Lawrence which would retain their C-2 zoning and felt this to be unfair and failed to see the public need to zone one corner of a busy intersection for mixed use while the other corners were commercially zoned. He said this was especially true when one of the three corners is not presently in commerical use and nevertheless retains its commercial zoning. He asked why this non-commerical property, citing the primary example e 9/26/77--4 1n