PL PACKET 10181988 - Laserfiche WebLink

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r 1 Commissioner Franzese told the dentist she thought he had a very 2 attractive residential appearing building and she could see no reason 3 why the City wouldn't allow him to rebuild it if it were destroyed. • 4 However, she was concerned that if the zoning on the building were 5 changed, and the building were then destroyed, the structure which 6 might be erected in its place for one of the other permitted uses, like 7 a realty office, etc. , might not have the same residential appearance 8 and might cause tensions with the neighbors. She added that the 9 existing zoning provided safeguards against that happening. Dr. 10 Osterbauer responded by telling her his property had been zoned 11 "Commercial" when he built there 30 years ago and he had gone around 12 the neighborhood at that time to get the approval of the neighbors. He 13 said he had not only gotten their approval , but also had quite a few of 14 them who became patients, just as he hoped would happen now after he 15 had talked to so many of the -neighbors about this change. The dentist 16 indicated he had found out that zoning had changed through a letter 17 from the City about ten years ago which had informed him that, under 18 the Zoning Code, which had just been adopted, his location zoning had 19 been changed to residential , making his business a non-conforming use. 20 OpRgnents 21- Alice Brown, 2702 - 33rd Avenue N.E. indicated she thought the existing 22 building across--33rd from her home was "a fine looking building" , but 23 said she and her husband, Ed Brown, who -was--with--her.,_were concerned 24 that a Planning Commission and Council ten years down the line might 25 also change the zoning for the other two vacant corners to service 26 office to match the change in zoning on this corner. 27 Tom Lutgen, 3313 Roosevelt Court, indicated he was also concerned about 28 what type of "other allowable commercial uses could come in" if the 29 zoning was changed: - He--said the thought any change should be made for 30 "the right reason" and didn't think a decision should--be-made based only 31 on the personal position that Dr. Osterbauer's rebuilding might be 32 delayed under the current zoning. The resident questioned whether 33 rezoning would be the prudent thing to do in the context of .there being 34 other non-conforming businesses across the street not being allowed to 35 rebuild because they had been 75% destroyed. 36 Mr. Lutgen said his business caused him to know a great deal about 37 planning issues for other communities and commented that he had 38 concluded by looking at the zoning map on the Chamber's wall that other 39 than up around Apache or near the St. Anthony Shopping Center, the City 40 had made a real effort to keep commercial uses away from residential 41 areas which are located away from the major streets. He considered 42 allowing this change might be opening the City to further deviations 43 from that policy and said he thought "a real bad precedent for doing- 44 that would be established if the City granted Dr. Osterbauer's request. 45 The resident also perceived that the City's Comprehensive Plan might 46 not be consistent with the City's policy pointing to the fact that the 47 City had forced the owners of the commercial businesses across to 4 •