Loading...
HomeMy WebLinkAbout03.15.83 Planning PacketAGENDA PLANNING COMMISSION REGULAR MARCH 15, 1983 1. Minutes of February 15 February 28, 1983. 2. 7:30 P.M. Public Hearing Multiple Dwelling Beauty Shop at 400 Oak Street. 3. Discussion Expiration of Special Exception Whispering River. 4. Request To remodel an existing non conforming use at 316 Pine Street. 5. Request To rezone property at 100 3rd Street Sauber Plumbing Heating. FARMINGTON PLANNING COMMISSION AGENDA REPORT REGULAR MEETING MARCH 15, 1983 2. The Amy Deegan application for a variance to create a three unit apartment and business at 400 Oak Street is necessary since the 60 x 170 lot lacks 200 square feet required by the ordinance. A business use needs 5000 square feet and the residential units together will need 5,400 square feet. A variance may be granted if provisions of 2 -4 -3 have been met as follows: A. Literal enforcement of (the ordinance) would result in undue hardship with respect to the property. B. Such unnecessary hardship results because of circumstances unique to the property. C. The variance observes the spirit and intent of the Zoning Title, produces substantial justice, and is not contrary to the public interest. The application is in a "Catch 22" whereby she actually wishes to construct two apartments and a business within a single family structure in the B -2 District. Because multiples and not duplexes are permitted as special exceptions, a third unit was added which results in the currect lack of 200 square feet. The hardship, with respect to property, is that the lot was developed as residential but is zoned commercial. Throughout the community there is only one block of lots wherein a similar request for variance might be made. This generalized area adjoins the subject property. It is difficult to suggest that such a variance, if granted, would be contrary to the public interest, particularly at a time when community attention is being focused upon the business district and the need for a larger service area population. Recommendation: The request for a 200 square foot variance should be granted because the ordinance does not permit duplexes in the B -2 district, and that few other lots will be in need of a similar variance. 3. The request from Thomas Angell for the Board of Adjustment to invalidate the special exception for Whispering River Condominiums has been reviewed by City Attorney Gorgos. In effect, the fee owner needs written notification 30 days prior to any action by the Planning Commission and an opportunity to appear. Concurrently, with the request for action by the Acting Zoning Officer and the Planning Commission in this regard the landowner has developed an alternative proposal for housing which requires Planning Commission response. The most recent proposal shows 36 units of townhouses on the same site which fit within the density requirements of the ordinance. Unfortunately, the ordinance as amended over the years has a curious omission. Townhouses are not mentioned as either permitted uses or special exceptions in the R -2 District. On the other hand, they are listed as permitted uses in the R -3 District and special exceptions in the R -1 District. The R -2 District, however, does provide for Planned Unit Developments as special exceptions with townhouses as a permitted use One may only conclude from this that Townhouse developments which meet density limitations were unintentionally omitted from the list of special exceptions in the R -2 District. Recommendation: A. Forward a registered letter to the Reisinger indicating the intention of the Board of Adjustment to invalidate the special exception issued for the Whispering River Condominiums as recommended by the Acting City Zoning Officer. The time and place of discussion will be on April 19, 1983 at 7:30 P.M., Farmington City Hall during the regular Planning Commission meeting. B. Forward to the City Council a recommendation to amend the Zoning Ordinance by adding Townhouses as a special exception in the R -2 District. 4. The request of David Speiker to remodel an existing non conforming use at 316 Pine Street involves no expansion of existing structures. The lot is currently zoned I -1 Light Industrial and is used as a single family residence with a garage as an accessory use. As indicated on the sketch the applicant wishes to replace a leaking roof and add two roll -up doors. In 10 -10 -1 existing non conforming uses may be changed as permitted by the Board of Adjustment as outlined in 2 -4 -7 as follows: "No change of a non conforming use shall entail structural alterations or any additions other than those required by law for the purpose of safety and health." Recommendation: By taking a broad definition of safety and health, the replacement of a leaking roof would appear to be justified and the Building Inspector so notified. 5. The Sauber request to rezone from B -3 to B -2 an existing lot containing a plumbing shop is necessary if the owner is to construct a four unit apartment on the second level. The B -3 was created by the Planning Commission as a transitional zone to accommodate uses that neither fit within the downtown business district nor the industrial district. As indicated during the February meeting the district contained a number of residential uses which the Planning Commission recommended to be rezoned residential. In this situation the landowner is requesting a spot rezoning to accomplish something not intended in this district, i.e. residential development in a business zone. The Comprehensive Plan indicates that the preferred objective for this lot and the blocks immediately adjoining is industrial use. Unless this objective is re- evaluated, there appears to be no just- ification for any action which would accommodate mixed use for this lot. Recommendation: Recommend against setting a public hearing for the requested rezoning because the change would constitute spot zoning and it is contrary to the Comprehensive Plan. Charles Tooker Planner CT /sz See 10 -8 -7 (C)5.