Loading...
HomeMy WebLinkAboutResolution 46 - Amend for Class B Nonconforming Uses~~l.~r~.~~:1_4~CX ~~3x~~7 a~:~ I~.~ai?~~1~'~`~Cs~4Y x~~?. ~J k~s~~3~~~;.E T(~N ~ECs~~:~,~~~z~~~:xd~Y <Ik~1'~~.~t~~~~.: Cl~ti T~~£~ :~'~~~~Al~`~z~~.~ 'I`Cz '.~'~~t~'r '1.`~,~<~' ~,y<f' y~:~~.~.,y r?;tJ~~7*i~.~.1~~r!'( ~J~i.3~~~.~.~z`~.~4i~:.~' `.t. Cf' .~ £1.V ~ .~..t~ ~, r1 t~x~'. ~=,c~1,14.~ :> ~ 4~ ~i rV ~'.i.` t'~ V ~ f.' ,~J d ~..s CF .1.' ~..s ~\k3.~.+ frCl .l~ ~. -- ~'~.~t~3.`.1~~.E)~ C?~' ~;~,i~ti3~ 'test ~~~~~{~~~.t~'~~1;~'~-!_1`7~: ;t~~:~`,>' %I~'~t~~~~. `~~u:t.i~i~~~~_ Cy~a~~ ~~~.`~z-z~ ~~~.~.i:~.rz~; ±:c? r?.c>~z.,. c~z~~c~:~~:i.xx~; ~,x~~~s y?~~.c~~ti= ~:~x ~r-~~z-zh:i_c?rz ~r~_.4l~o~x~ s-~x-xz~~-zzz"~~ ~?c5c~.j_~:~-- ~c'?.~?C~T'i C}:~ 'z.`?f? I?~TICC?zi~p~:li~i."~1~ Li~~Si ~'zztCe '`L~.E-' ~"'.~.czT7I7.."~,r?,~a ~'s~^Ilir£:;1~`-~"~.C'~1 ce~r~z; ~ ~3~-?xr?~::rr~.~~ ~ ~:o ~:c,~kxi~~~z. ~tzc~? ~g ~,~zz?;~~.az~; ~~zcts ~;'~ ~~~~~ ~ , ~ ~-zc w' :1 ~ ~n.:~. ri ~ ~ c~z~~z? :i. ~ ~ ~, t~z~ ~?a :~ ~. r? ~.. ~ ~ ~ ~`~. ~: ~ t~ x ~c?~~~-:~~.z-z~ ~xra~x:zc~rx~z-z~ 1a 7 ~~~.s~~A~~-~ c?~ :I.~~r~~zz_x?.~ ~c~z?~~i ~;ic~-~ ~~~z?1..xt~~.~z~ ~Ic~. ~7, ;~ i~.e~c~;l~~.~:~_ax? ~a~ Ir?~~r?-t~:i.c?r.?. cif ~~h~ l':~~x~.~.:~z-z:~- Cc?nz:~~_~~~.r3~? tc? ,e?,~??ex?.c~ ~:~~: ~~~ c~~ ~i~L~: ?t~.-z_r?,~ ~~r~~.~~z~~~ ~~_ ~c~~-z:~.~~.~~ ~~~a.~z?~_<-xx~s. Fr~1-~~ic~::~~ ~~t:-.~,.1f~~:L~:C'cz.~. ~!''`f3'~T.~,C:r?1_:1.C).~7. ~ {:.~.ctS.'~ af~tc ~t7lxf.C~rt:~'C?T'i71:i.:i'i~: ~~~~:,~_3; c~'~1 C~ ~ ~~~H~"~~15 , z~z~ ~: a:r.' ;~ c~ f ~z ~'u b ~ ~ c .~~ e ~ ~: ~ r? ~~ ~-zt, ~ c~ ~ z~ .t) ec err. ~~ :~~ ~~. " > ~~d~, tti~~?°~~ ~tz~:~.~~h~~ ~:x? L~?.~ l~~~r~f,~:r~c~ L~~~~~ T:t i~txrz~ cxr? 13c=e~z:-~:~~r ~.~. az-zz~ ~ c ~z?-~~: t: -.za ~. ~~ , ~. ~ ~~ ~.-n ~l ~~ a s t: ~~ ~. ~_ z~z ~ h:~ ~ ~ ~ zx~ ~ ~, c ~? ~1_ ~ c~ ra :~ ~_ ~ ~: rz. ~ ~; ~. t. ~~- ~r? ~ ~ cvc?~`: ~~~.~r ~;c~ ~}z~ ~'-~x?~1.1..~ ~~~~-~iz:z~: rAxx.c~, ~~3~~~~~:~i--~~, ~~?~ ~'LZ.~'.i_~ ~e~~::%z~z~ z~~:~ h~~.'.c~ ~r? €~~c~;rzz?~~r I.~, 4bF~"i~~,~'C'-~il`t 1`".~.;ti~7.i?~C3T1;Sf 3~.?"C~zTI ~31."C+l~C3"z7.~-'r1f=S e~~lt~ C~~x]CJx1F?zi~i:~s T.^7c:~~ ~Z~ c~ ~" C~ c~ '~: S c3. '1. f~ ~L1. ~3 ~. 3 C,~ ~l'`C' % ~: 7.51 ~Y j a~.i: ~~ , ~tixH~~~~~~~, ~h~ ;?:1.x.7:?.?Z~r ~1~zr~z;?~.:~~~.c~rz tl~~xr~-1 ~_z_ ~~~~?~c~pzA~.4~~ e ~:c~ x.zxz~r?d ~i?:~ ~~~~ ~t' ~=1~z~ Ic~~.~.z~°~ ~~~i~zxt~r?c:~ t.c? ~xrc?~?:~_~~_~ ~~:~~z~z;:i~n 6+~ l is }?i~ lx ~ S -?" I"LI. ~ ~ tip' Gi. ~. ~~~ Ci :i_ ~ ~. C~' c=t ~ =~. ~ 11. C+~ ~; ~, u ~ ;4 ~ ~ 517 r~.C7'l:?. ~ f~ t~ ~C? :C"rt l_'f1~'; i?- S t,"'- ~ ,. ~: 'ri;;~ , ~J3t,' A.'. .t'C't;aTt„}1,,'t7 i'`.; E.~i f>C4.'Y J. ~.i.:,~ L~A.~li.f.V i4 ~~l Cs t~l}1~i'!-. <~r~.3 .~l~Ai ~}f.' ri.'s ~.:i~ ~~c~:,c~~x '! T~x~~fk t'Az~: ~'~aa.~xrx:~_rz~, ~~~s>t~x:r.s~~.f:~i~ :~-~can-~m.~~xc~.~ ~:ks~ ~r~~~~~_f:i.~~~:i.~r~ t?~: ~~~~r:esr~ :~,~.:~~a.. ~~:~, ~.t~~rt ~~ ~. ~-~ :~~4x. ~y f~ ~. ~. cs ?;<rs .~iS L~W ~~~~ JAx L.SA .k iw. d14-~.t~l~~)~,.L, fJ~~l..i~.x 1~~1 n~.~~~ ~:~. 4-tA~L~~.~7~~1 t3'~ f3%~"zE?R:~~:1.:if? f'~A;le"trx~~~'~ c311.f;~ rZf; ,~'-;~:~tl~'.~;~.t!"f:?F ~:~~-? L~t;f-? at: ~,r~~..c;I~ .~.~ x~.c~r~~:t~~t~t~x'r>~i.~~ ~ ~I-~~.1:~ '~~ ~a~ve~, ~.:I.~ex;~. f3 T" ~3r2 .~, ~.:~~~ ~? Cox 1_XTI s_G' u ~ ~' ~' `;. ~E ;1. ~' E.' C~ ~7;4f ~, ~3.1M' C3 t:' C-3n"i ~-,Z? y S ;z L~, C: ~?. s:1C]~~ ~.~~.~ , z7-..~. 'f:~'%"r_"~,'t; 7. f3~`3. f~~" ~?L1 ~. ci3:'F: ~Y13E?~~ ~ Thal, .~. ~, 1" `~..' ~1:'t.~.'".. I.I2 ~~}lam ~?~.:~.IT'el.L~cl~:{.+„}12 t?w: :elf: Xif3Xx;'.f3z,t:~'C)~~ii?:t,r:~ ll..`;E?, ~~x.~~~f~ ~~y irh~ ~~.~r-l~xl.rx ~~lrx~x-~~sif~n ~zxxf~ ~:i.~r-lx~:i~ ls~r l~l~' ~.rz au.~~~e=~~~~t::c~ c~ E` ~.-f;~r ~~ ~ ~f~~;f~ ~h~. ~ -=.~-~--,-.---~ ~~y ~.{~ I~~~:e~~;t~c~~ , 7. ~:f. ,~~'7"~` E S ~' ~' .i. ei, e'~Ix :l. T`~k'.~ ~, QYfli~ `: ; ;~ 5 :l. f3 rl a C-' f:: 7" v~.~t: ~ i ~ :~ ,: ;- . ,~-, ..:;.. . , .:"? ~1 ~~~~'r~ ~~v~ ~. ~~r :n~ t ~i s ---------------- ~' d~1;7, f~ i T7 ~ c. ~:x~~ z:~ , -~. ~ ~ ~ , P1.~~.L-~~'~t ~c~maxx~s~.c~~. C:x~ia,~~~rx 12/ 9/81 STAFF REPORT Zoning Text Amendment Class "B" Nonconforming Uses Section 17. 56, Ob0 B. 2. This change is intended for clarification of the Zoning Ordinance. The adoption of this amendment would prohibit the expansion of any occupancy if the occupancy is a Class "B" Nonconforming Use. 'resent wording could be interpreted to allow expansion of a Class "B" Nonconforming Use if the structure were not modified. An exaz~ple would be City Hall, if it were a Nonconforming Use. Presently the City could expand the Nonconforming Use to both floors as long as there was no structural modification. If the amendment were adopted, this expansion would be prohibited. This amendment would affect less than ten (10) Nonconforming Class "B" Uses. Staff would recommend approval of this proposal. Planning Commission Meeting Gity Hall Council Chambers Becember 15, 1481 Page Two Roll call vote: Christy, yes; Freeman, yes; Novasad, yes; Piland, yes. All Commissioners voted in favor of the motion, and the motion carried. B. Resolution No. , A Resolution Recommending Approval of the Amendment to the~Text of the Zonin Ordinance to Allow Sma11 En ine Sales and Service as a Conditional Use in the C-5 Zone Chief Penicook advised that this resolution was one of the previously passed resolutions, which had a Resolution of Intent passed at the last Planning Commission meeting. There followed a discussion nn whether this item should fall under Section 11.46.020, Item F, pertaining to similar uses, or whether it should be listed as a conditional use under Section 17.46.030 as Item Z. It was decided that it is in the best interest of the citi- zens of Central Paint to add items such as this as conditional uses, thereby providing the Planning Commission the opportunity to review the matters and act upon same as they see fit. Commissioner Freeman made a motion to approve Resolution No. _, A Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Allow Small Engine Sales and Service as a Condi- tional Use in the C-5 Zone, as Resolution No. 42. Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, yes; Novasad, }*es; Piland, yes. All Commissioners voted in favor of the motion, and the motion carried. C. Resolution No, A Resolution Recommending A royal of the Amendment to the Text of the Zoning Ordinance to Prohibit Expansion Without Structural Modification of Class "B" Nonconformin Uses Chief Penicook again advised that this was another of the resolutions previously passed without a Resolution of Intent. The Resolution of Intent was passed at the last Planning Commission meeting. Commissioner Freeman expressed concern that the passage of this resolution would effectively prohibit expansion of home occupations. A discussion followed on whether or not home occupations should be considered non- conforming uses. Planner Ron Hough advised that he felt home occupations were not to be considered as nonconforming uses. Home occupations are reviewed annually and if there was a problem with compatibility, they can be denied the next year's permit. It was pointed out that the reason for passing this resolution is to prohibit expansion of the Class "B" nonconforming uses which are not in conformance with the comprehensive land use plan. By allowing these nonconforming uses to expand, we en- courage non-compliance to the comprehensive plan. It is the intention that eventually the Class "B" nonconforming uses be phased out over a period of time. Planning Commmission Fleeting City I~a11 Council Chambers December 15, 1981 Page Three Cor~nuissioner Freeman made a motion to deny the above-mentioned resolu- tion on Class "B" nonconforming uses. The motion died for lack of a second. Commissioner I~~ovasad then made a motion to postpone consideration of this resolution until the January 5, 1982 Planning Commmission meeting. Co~nissioner Christy seconded the motion. At this time, Chief Penicook advised that Staff would ask that a decision on Class "B" nonconforming uses be made this evening rather than delaying the matter until January 5, 1982. Roll call vote: Freeman, yes; Christy, no; I~ovasad, na; Piland, no. The majority of the Commissioners voted against postponing the matter until the January 5, 19$2 Planning Commission meeting, and the motion did not carry. Chairman Frederick called a ten minute recess at 8:35 P.M., so that the Class "B" nonconforming commercial uses that would be affected could be reviewed. Chairman Frederick called the meeting back to order at 8:45 P.M. Commissioner Freeman made a motion to postpone this matter until all other business on the agenda was acted upon. Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, yes; I~ovasad, yes; Piland, yes. All Commissioners voted in favor of the motion, and the motion carried. D. Public Hearin - Variance - Lot Size Reauirement. 433 North First Street, Zone R-3 Com Plan Hi h Densit Multi-Fami1 , Jackson County Map Page 37-2k-3DC, Tax Lot 1400, Freddie and Linda Sutton, Applicants I]ue to the length of the meeting and the number of items on the agenda, Chairman Frederick skipped to Item H on the agenda. A memorandum had been prepared by Ron Hough with respect to this variance request, and Chairman Frederick asked that the Planning Commission members and the proponents be given an opportunity to review the memorandum. Chairman Frederick then opened the public hearing. Commissioner Piland advised that Mr. Sutton does business with his company but is not his specific account. It was decided that there was no con- flict of interest in this matter. Chairman Frederick read the description of the application by Freddie L. Sutton and Linda Sutton for a variance to the lot size requirement at 433 North First Street, Jackson County Flap Page 37-214}-3DC, Tax Lot 1400. Planning Cormlission :~.eeting Cit}> Hall Council Chambers December 15, 1981 page Eight H. Resolution No. , A Resolution Authorizintr Medical Services, Clinics and Laboratories as a Per~sitted Use in the C-5 Zone Chairman Frederick went on to Item F on the agenda. Mayor Janes advised that this item was initiated by the Mayor`s office. fir. Lem1y had approached the Mayor concerning his intention to reestablish his practice in his old office on Front Street. The current C-5 zoning pxohibits this type of use. Dr. Lemly was out of the area when the zone change to C~5 took place. Mayor Janes felt that since this is as empty building that had previously been used as a medical building with no adverse effect on surrounding businesses that it would be in the best interest of the City to again utilize this property as a medical building. Commissioner Freeman stated that he was against making amendments to the Zoning Ordinance for each individual who came before the Planning Commission with a use that was not permitted. Commissioner Freeman then made a motion to reject the Resolution Authorizing Medical Services, Clinics and Laboratories as .a Permitted Use in the C-5 Zone. Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, yes; I~~ovasad, no; Piland, no. Because of a tie vote, Chair- man Frederick cy~as asked to vote on the matter. Chairman Frederick voted no. and the motion failed. Cor.:missioner Piland felt that there was no conflict with this use and any of the permitted uses in the C-5 zone. He, therefore, made a motion to approve Resolution No. , A Resolution Authorizing Medical Services, Clinics and Laboratories as a Permitted Use in the C-5 Zone, as Resalution No. 45, and Commissioner Novasad seconded the motion. Roll ca11 vote: Christy, yes; Freeman, no; Novasad, yes; Piland, yes. The majority of the Cor,-~issioners voted in favor of the motion, and the motion carried. Chairman Frederick then went back to Item C on the agenda, Resolution No. , A Resolution Reco~~~mending Approval of the Amendment to the Text of the Zoning Ordinance to Prohibit Expansion Cti'ithout Structural 2~odification of Class "B" Nonconforming Lrses. Commissioner 'Freeman stated that his main concern with the passing of this resolution is that it ~,~ould jeopardize small businesses. He was again advised that hom occupations should not be considered nonconforming uses. Cor.~:missioner Novasad made a motion to approve Resolution No. , A Resolution Recommending Approval of the A,-nendment to the Te~.t of the Zoning Grdinance to Prohibit Expansion ~~'ithout Structural }codification Planning Cosission ASeeting City Hall Council Chambers Uecer~ber 15, 1981 Page Nine . of Class "B" Nonconforming Uses, as Resolution No, 46. Commissioner Christy seconded the motion, Ro11 call vote: Christy, yes; Freeman, yes; Novasad, yes; Piland, yes. All Commissioners voted in favor of the motion, and the motion carried. AiISCELLAiv°EOI7S MATTERS There vrere na miscellaneous matters to come before the Planning Ca~nission at this meeting. ADJOURAfiSENT Commissioner Christy made a motion to adjourn the meeting, and Commissioner Piland seconded the motion, Roll call vote: Christy, yes; Freeman, yes; Novasad, yes; Piland, yes. All Commissioners voted in favor of the motion to adjourn, and the motion carried. Chairman Frederick adjourned the meeting at 11:40 P.M.