PL MINUTES 07211981 - Laserfiche WebLink

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-,2- property to the north had .been sold since Mr. Amerman, the owner, had called him to indicate . he did not wish to have. the existing C zoning for that property -changed to reflect . its residential. usage because he may wish to retain that zoning for a small legal office for his own use sometime in the future. Mr. Fisher, who at present resides . in a double- bungalow in the same block, said .he . has purchase agreements, contingent .upon. rezoning this property to residential, with both the Clark company and Dave Mikkelson, who owns the outlot strip to the .east. He told .the Commission members the 1,500 square foot split level structure he proposes to construct will be 30 feet wide with a garage on both Stinson and 33rd Avenue which should leave adequate side yard and rear yard setbacks, and .a 30 foot front yard setback on Stinson. He told Mr. Jones the only landscaping he contemplates will be grass and shrubbery next to the building which should not interfere with the vision of drivers on 33rd Avenue. The only curb cuts he will need will be for the driveways in front of the garages. Jerry Scavo,, who said he is the owner of Jerry' s Bakeshop in Apache, was the only person present to speak about the proposal. He said he had been- negotiating- with Clark for the property for a .bake shop but had not been .-able to. come. up with financing to fund the purchase. He will not .oppose the proposal , .as _made, as long as he is certain the property will be developed immediately- for the-.proposed use. Mr. Sopcinski said the City has. no. jurisdiction over the development after it is rezoned as long as -the . project meets all ordinance requirements for that zoning.. Mr. Fisher - indicated he could see no reason for not proceeding at once with the construction. • Mr.. Scavo declined further comment and the hearing was closed at 8 :00 P.M. Mr. Berg was requested- to ascertain, before Council - consideration, whether the City can demand proof .of .how.-the property will be de- veloped if the .property' is downzoned. The Chairman indicated he believed this proposal will .fulfill .a preference by the City that this isolated commercial site should be redeveloped to retain the residential .character of that .neighborhood. He recommended Mr. Fisher get writtenverification that the neighbors do not oppose the downzoning before . the Council meeting. Suggestions that the approval be made subject to removal of the existing commercial building on the site or that ° a time frame be established for the development were not accepted in..the following: Motion .by- 'Mr. Jones and seconded by Mr. Sopcinski to recommend Council approval of the request from Duane Fisherto rezone from .C, commercial, to R-2 , two family residential, the parcel of land legally described as the south. 133 feet of the west 198 feet of the southwest 1/4 of the northwest 1/4 of .Section 6 , Township 29 , Range 23 , subject to easement f,or .road purposes over the west 33 feet and the south 33 feet thereof, noting that Mr. Fisher has indicated .his intention of also purchasing the adjoining outlot, resulting in a better utilization of that. vacant Property, and that there was no opposition to the • proposal during the hearing from adjoining property owners . However., the Commission recommends the legal questionsraised about whether the Clark company should have joined Mr. Fisher in the request to rezone should be resolved before a final decision is reached.