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R Planning Commission Regular Meeting Minutes October 21, 2008 Page 2 1 VIII.l 3903 FOSS ROAD—REZONING REQUEST 2 3 Assistant City Manager Moore-Sykes presented the staff report on the rezoning request at 3903 4 Foss Road. She stated staff received a phone call from Mr. Tom Elbert,property owner of 3903 5 Foss Road, Mirror Lake Properties. Mr. Elbert asked about the possibility of rezoning the 6 property to R-4. He is interested in redeveloping 3903 Foss Road into an R-4 use. Currently the 7 property is designated as R-3, but the structure has been used for light industrial/commercial 8 uses. Staff explained that the City usually does not spot zone,but he can bring his proposal 9 before the City Planning Commission for their review and comments. In researching the 10 rezoning request staff has learned that there is an adjacent R-4 property to the south of this 11 property. Staff also advised Mr. Elbert that this meeting would not provide permission to change 12 the zoning designation; that he would be required to apply for a zoning change and go through 13 the public hearing process. Assistant City Manager Moore-Sykes stated the Planning 14 Commission has been presented with an email from Mr. Elbert indicating that he would like to 15 convert two offices of approximately 800 square feet into apartments. The Zoning Code requires 16 that an R-4 unit must be a minimum of 500 square feet. 17 18 Mr. Tom Elbert, applicant, addressed the Planning Commission and provided information on the 19 rezoning request for 3903 Foss Road. He reviewed the location of the subject building and 20 indicated that he has been unable to rent the building out for office space. He stated he believes 21 making the existing two offices into two one bedroom apartments would satisfy his needs and 22 would not be a commotion for the other tenants. 23 24 Chairperson Stromgren asked if the subject buildings are physically connected to the mini- 25 storage building. Mr. Elbert responded in the negative and stated there are garages on the back of 26 the building. He drew a sketch of the site and explained there would be two apartment units with 27 four garage stalls in the back. Mr. Elbert-stated the property tax parcel is the same for all of the 28 buildings on this site, but he pays two separate utility bills for the office buildings he is 29 proposing to convert into apartments. 30 31 Chairperson Stromgren questioned the ability to procedurally rezone two buildings out of an 32 entire complex. Mr. Elbert stated most of the property is zoned R-4 with a portion zoned R-3. He 33 inquired about the ability to rezone the entire site to R-4 and keep the current use of the other 34 buildings on the site. Chairperson Stromgren replied typically one parcel cannot be rezoned 35 without going through the legal means to separate that parcel. 36 37 Commissioner Jensen noted one question would be whether the Comprehensive Land Usee Plan 38 shows the uses as commercial or residential. He stated it would seem that the noncompliant 39 portion allows the other office uses to exist on the residential zoning, and if they are making a 40 portion of the existing structures compliant he does not know that there would be any special 41 requirement necessary other than the Comp Plan would then need to be amended to net out that j 42 portion that wishes to have a residential use. 43 44 Assistant City Manager Moore-Sykes stated 3901 and 3903 Foss Road are currently zoned as R- 45 3 and may already be separated out from the remaining properties that are zoned R-4. 46