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07/08/1965 I'~ ..-....... ; -. THE P~INI~G AND ZONING BOARD v/ Minu1.;eo of the Meetinp" ThuredilY, .TulY 8~ 1965. The meeting was called to o~der at:3:00 P. M. by the Chairman, Mr. KrusQ. Present w~re Members Reade, Butler, Mylander, Iley and Galloway, and Mr. Wolle. The minutes of the meeting of ,June 15, 1965, we~e approved ~s submitted in written summation to each member~ ZO~ING ~HANGE RE:UEst_~-~-665 - Review Of.~v~~~e~dati~u !1X1:iiis:roi::Q1.::!.~ rQ,l)."i ~!..tai:fii :mi.d..ll~..t~Qnj;S-t\\Ut.;Lf~m 6/J 5 ~ut - The Planne1" repo'flted in regard 'to his contact with Mr.. Roach of Ru~enberg, Incu, concerning ~he Board's suggestion that applican~'s zon- ing request be changed to SC zoning for 'the 50 ft.. R-4 strip of cUT'rent request and to include the e~isting "B" zoned adjoining p~operty in such request for SC zoning~ It was lea~ned that an obstacle to obtain- ing his agreement to this was that a portion of the sign section under the SC classification was considered too restrictive by prospective tenants for the development as planned. Mr. Wolle read to the Board a letter dated June 28/65 from Mr. Roach, representing Rutenberg, Inc., confirming their present applica~ion for change of zoning of only 50 ft. from R-4 to "Bu. Mr.. Wolle advised that Mr, Roach had indicated to him the probable inten~ to provide screening for the ~esidential prope~ty the proposed center would abu'\:" t1~4. ~~l~)! _~~ve~ ..t.o ap'P!,ov.e t'e.9ue~"t Z-S.-.6_65 .f.~r;-~cha.nge.. fro.m R.-4 t<l B !..or :t:ho_ s_uJ>ject SO ft. .s:triR:.. Mr. Wolle stated that he would still like to see SC zoning, but hesitated to recommend it for the reason that he recognized the impractical re- quirements for this operation in thp. present ordinancev Upon his sug- gestion '.~ ~ge,nda.~I,te_m )1):_O(~~~~iLt.~!!.S!!~e~i,si,o~s, t1tCl~TificntiCln ~ian ,i,n SG. .Zq,!!.'tn, was taken up next pt'ioT' to fu~the!" considera't"i on of Mra Iley's motion.. The Planner pt'esent:l~d l"'evision to Sec. 26-5F.(6)&(7) Shopping Center District as follows: P&Z Bd. Minutes 1/8/65 Page n? r\ (6) Point of purch~ge signs and identification signs to be permitted flush with the building" However one additional identification for each plac~ of business may be hanging if less than 6 square feet and under marque~ o~ orcede. No sign shall be activated. (7) Addition of: One prime identification sign is permitted for each street frontage. . Explanation was given as to ambiguity of the existing section and of verbal interpretation obtained from AS9T~ City Attorney Kennedy that as written 1:11ere would be no lirni tation on the size of a sign on the face of a building, but that the size of a hanging projection sign would be res~ric~ed to 6 sq. ft.; fu~ther that Mr. Kennedy had brought up the floating point that the se Dist~ict, as ,it is described, is ai' zone availa- ble upon request and had ruled that the Boa~d would not have the au- thority to require that the applicant accept SC zoning on the tract~ The Plannel' pointed out that 'the existing r'estriction on the size of a prime center sign (pole sign) is 300 sq~ ft. (one such sign permitted not ~o go along with the request for the B zoning since the adjoining property is already B zoned and recommended approval at This time of tho proposed revision to the sign section~ with further study of SC signs to be scheduled in connection with sign regulations to be incor- po~ated in the new sign ordinance. Mr. .R.e~de ~ov.ed tha.t t.he ch!l,ng~~ ,f,~!:..j_ec_.~ .1;..6-5E. (6J....~!~A ..c"j). ~~. .. E!.opo.s.e.? b.e pe~c_~mmen_ded to be ..aP..P.To.v.ed~ ^m~~.!2'~f! offe:r,er;JJ?y Mr. ButJ.e'I' anc!~. _My'l~nd.e~~ .an_d ~~.Eept,ed. by Mr., .~ea~~ .to i.~~:r.! in , i ~~1'('~~,J ~~.. ,(~ >, ..atf_t~.x: Howe.ve~, ."f.2!:~2.!l.~.1:~e~,:t.......t):',o.l'!-'t9_g~~ ~ . ame_nded., w.as. se_co.nded,....b~.. t1~.., r1Y:l.a,n,~.~.~nd, Pf~~E-~~ Hr..~1yla_n.9..e.r-. .se..9.2n.Q..ed.. Mr. I,~~...2.!'~is.~._.E'~...!() ~EJ"',~ve' ~pnl 1- Motion,.as . cation Z-5-665 as reauested. SURgeation bV th~ Pl~nner th~~ in memn _----..II~_---...-........I...-I~~---- ~I , p . Z Bd. Minutes 7/B/65 Page "3 ~ , fOt"\olarding tho Board' 8 recommendation cOmment be made J,n 1""1!p,<<']rd to GCfe~Jling of the residential area met ~'Ii th Bbnrd approval. r11'. GnJ low;,y stated that since it was the case that the Board did not hnva tht.! nU- thori ty to require shopplng center zoning e:.ccept \lpOn requcs t, he would have ~o go along with the "B" zoninR requested. The Chairman suggosted that future study be given for a possible change in this provision that SC zoning be l'<!quested.. lli?-on,......-t~C!.~~~e ~~e... .:t,a&k.en" M~. ,Il!?"y'~. .mo:tiorL 'iC!~ t!.as_s~ , ZONING CHANGE REqUEST - f~:'~S?:'-(a)' 1!ity'-R'equest Lots 1-9 incl., 37-39 incl. .. MEADOWS SUBDIVISION - R-IE to R-IC Z-6-665 (b) City Request Lots 1-8 incl., MORNINGSIDE ESTATES, UNIT 1, R-IE to R-1D ' Explanation was made that the Belcher Road frontage of these sub- divisions was already in the City as acreage and zoned R-IE at the time the additional acreage to be platted was annexed with R-IC and R-ID zoning, and that zoning change co~rects zone line present- ly dividing single family Iota of reco~d and makes the zoning con- fo~m to the existing higher Bingle family usage and deed restric~ tions.. Mr. vk'1~ <! reported that Mr. Cummings of the Meadows and ',' .:: ~~. '", ',' , ' " ~ . '.... .~ i ( ,I,;. ".. " ",I" ,,\~ ~ .' . ~... ."1 Mr. Bill BL ~I.'n of Morningeide Estates had expressed themselves , , ",{: !:-:. ,', as being dgreeable to this change~ ~:~s:B'~l~niO'~::.d{~:~S~~~~~:x~~tr~s~.O~~~~~€~ J~~l ~.~l:d~~t:~l~ R-IE to R-ID - e ~_a, op'te<1. City Request - Lots 20-23 incl., Block C; Lots 1-5 incl., Block E; Lots 1-8 inol~~ Block F - FAIRMONT SUBDIVISION. '.?~ ~ .,.. ':\.: :.,~) :0::. .,' ~ ..... " .' . ",I." ~ . : ; '; Z-7-G65 ; - .....,- " ' '.-. ,'" Lots 1-5 inc19 & Lot 8~ Block C Fulton St~ (formerly ., E 2St Lot 5 and W 35' of Lot 6); Lot 6, Block D; 1.0 ft. R/W between BlOCKS C & D - NORWOOD fIRST ADDITION.. All above R-2 to R-IE ,:!.; I '~. ~\::', ~(,~: :-1. "1"1 I.., ~~:;;, :t:, ':-;, ';':.,1. .....,) Proper'ty was described and located as on the north side of Marshall St. to the west of Harbor Drive (all owned by the City). . " ",. I ,"'(.' .: : ~::.~ Note WA5 made th~t appli~ation W~B f51~d bV th~ City C]e~k per " '.; ., ~ .. , ' P&Z Bd. Minutes 7/0/65 Page fft~ ~ in9truction9 from the City riAnne'.!!". Informntion from the PlfllnrieT' was that the City.s intent io to mak~ the prnperty aingla-familY and that the platting problem will come up late~. It was recog- nized tllt'lt: this would provide additional single family housing sites in the area nnd that higher R-l zoninn was selected princi- pally 'for new platting~ Attcmtion was called to an existing or- dinance provision for single family residences ~o be constructed in an R-2 zone if they meet the requirements of the R-IE zone. Z-S-66.S City Request - Lots 16 S 17, Block H; Lots ~-a incl., Block J, FAIRMONT SUB~ From R_lJ to R-IE -- Property was dGscribed and located as at the northwest cor- new of Russell St. and Harbor Dr. and on the south side of Russell St. opposite the end of Harbo~ Drive. Explanation of request - the same as for Z-7 above. Afte~ review and diBcuBaion~ ~n m~~ion bY_Mrt GaJLl9~~,~~~ ~ ....Mr.... Re~~I".<..,.iT. H.WL~Yot~.d, :to, ~~cortn'Jl!t1)d app;r9'lal..-9.!--xqq.~at fot" ~rm.i.n.2- .~hi!IUtC1 to' R-'JE '(in-lW_Q.Y~ CqS(!S_Z~l~~nd'VZ-)!.>.2.. it" tq pe record~.9 that , tb~ Uoar~j, ze!;i thA,t'"\ it is, ,an, lmusual-!!, tuation ~n.E "that-;t.~e.~ ~oa~ft. sJQ~~ly 1"'eco~1\Jqendt R--;lE as ~ a _n.!t~ z.qrlng clas_sJfi9.2..u,pn. Z-9-6~~ - Lot 10 less wast 9 feet of Lot 10, Block B. Keys'tono Manor SUbD (southwest comer of Drew St" and Duncan AveD) A~~i~~~: Gordon and Elizabeth Bergeson (Aronoff) - R-2 to R-4 ......" Hra , Wolle presented the application and explained as the ~eaBon for request to make the property eligible fo~ special exception use (doctor's office)~ He pointed out land uscs in the block as all single family residential facing into duplex usage to the north on Drew" Hr,,__ ~allC?.~~ .:re.P.2!:!~2...!he.:L.!hLZ~qtt~1)JL.qQIDlT1~.t:.:t.fJ!l 'E.l..a 1T!~!.~.tY_'2h 3. !oR 1 .r'~Q.Q.DJll1el)d~_qj.s~.tmr.9~~--.2fJ!.l1Qj ec:t...iJJ?.PJ..kq- ~_:th~~~as1o.lL.t-h~ t: The property abuts a single family area to th(~ west and south and fnces duplexes to the northu ) .....~"J P&Z Bd.. Minute!-l 7/0/65 Page tiS . ~~ Such zoning would be spot' zoni.nR and would lead to , , further multi-family uaage in an e',cisting si,ngle-fClmily block. Plan of Business usage (along Drew) was thnt it bo anchored at Duncan. Aftcl' -revi ew and discussion, ~e~~rd voted ,~~O qI?pr'{Y..~ 'the_ !oJliD.g-C.9-'lVTlj.~tt~~_rp'por:t,,"J!D.d~..n!l~g \ta nt :th et...P~ to.4>-...rw.e.~QmID~_ ~11-~q_~-: 9,":-6J?~,. ZONING DIS'l'RICT CHANGES - PLANNING BOARD PROPOSAl,S ... -......-....""""'--".......~ ""'...... ....... . Do' ~ "'".. ~""',. ~ ~-~ y.. ... ..... ~ ..A...-..r ZP-10 .... My.. AHBLESIDE SUBDIVISION, UNIT 1 - R-IE to R-ID (continued from 6/15/65) - ....>..c The Plannel" e,xplained as reason for -the proposal - to bring the Zoning Map into conformance wi~h new subdivision development and use of nigher single family. classification. Mr. Wolle submitte4 lette'I' dated June '26/65 from ,Black &. ASBOS.., Developerts Engi- neers, stating that t~e owners of Ambleside Subdivision are agree- able to Ambleeide, First Addition, being zoned "R-IDtt. After review and discussion, !he Board vqted to recommenE-apErova!-Qf 2roRoli..~ezgninR __of .~mb,lesJd~.", ..~i l"s"t_A9...di.t.~n.., to -B-1-l!:.. .-.., ZP-l1 a. L ~ BRENTWOOD ERTATES, nB" TO R-ID - (Southwest of.. Highland 8 Sunset Pt. Hoad) (continued fI"om 6/15/65) 'J Property was desc~ibed as "B" zoned area of Brentwood Estates as platted. The Planner explained as r~a90n for the proposal - to correct zoning map to subdivision platted and actual usage existing and proposed in accordance to new single family zoning classification. . J ........ Mr. Wolle further reported that he was sure that Mry Kent, Br~nt- wood Estates representative, was agreeable to this change, but that they are not sure about the R-~ areaM After review and discussion, !!llt.l!ca rJ:1_~..:t~Jt..!=JL.~~~J).d a P'J2t"o'y~~~s1 _r~.z,!mi}']E-.Q f _1:ha~ J2!2I!.tj,m!...Alf..-th e-.~l:.~~.stJ.'&l.:t.a t!:.s -1U.a:L.n..Q~_Z.Qlltui~_.,,-.autinasn...-1';!J, R.~i.ng.l.~....EID.D..UY---. P&Z lld~ Hinutes 7/8/65 Page 06 ZP-ll b~ -............-...................... BREwrWOOD ESTATES R_l. to R-l D - ~""'. It was ~r~e~d .!9-jet:E!~ Agenda Item fl9 ZP-_:l;,l, ~ pending the Plannet"a confirmation of agreement with the subdivision's representative as to the R-q area. ORDINANCE REVISIONS - .. ... - ~.~ 'I "I ...............................".. ~ ~ (b) '2 Clarification of uses permitted in PRS. .. 1 rr.,,4t__ ~ ~-I" ~ ,..~ _ I . . '''' 1 ~_ :'........... The Planner presented a p~opoBad revision in the text of Sec. 26- ~(D)(~) of the City Code which was explained as having the purpose of showing more specifically in the Zoning Ordinance the intent to prohibit separate related uses. After review and discussion, ~on Tmot~on bY,~.Mr.. ~y.la..llder.,,, ~econded ~y Ml'i.-?a,l);.o-!"JlX, th.~ Board vo.t?-d to a-ep..!"ov.e" a.~~~i8ed R.t'o3?osal as '..fo])ow~: , "To restrict retail within st~otux~ (Paragraph (~(b) to 25\ of ground floor area or lsi of total floor area whichever is g~eatestw "To eliminate from PRS Item Cq)(c). Personal within Structure, and all of Item (S) and substitute in lieu the~eof as new Item (5) the wording ;i Church Buildings for Religious and Educational Purposes'.." 4:25 P. M. Mr. 11ey was excused from the meeting during discussion of above agenda item. (c) {a Proviq,e be,ttel' _f!..creenin~ of ~ .use,~ ...C!.bu,tt~.ng re_si_de~tia~ .E.x:.o"p'e~ty.. " The Planner presented the following proposal for addition to Sec. 26-11 (6): "Fences and walls may exceed (~) six fee~ when abutting a use zone other than residential." '111e ~~~.rd, voi:_ed _to all~T'Ove tJ1e ~l.e.nn,e~' s. .propq~!,)~ fo~ the above addition ~ega~ding fencesw __ ....... & ~. ~ & ..... ~ I ~ 'I ....4~..---...- . - CHAIRMAN'S ITEMS: (ffii'J."rnan Kruse-rnfoT'rned members that because of 'the summer- vacation .......~t' period he did not anticipate thai: any action would be 'taken in. regard to tne proposed sign ordinance until Septw when all Commissioners could be pY'esent. Mr.. Kruse announced that he H'ould be away (')n a vacation trip beginning the m{ddle of t.Tuly and requested that Hr. My] ilnder be :,~: I. ..,'., ,':.', I" ".: ' : :::' " ' ,,', ',' ."., .".::. ~' " :' :.~: .' ..~ ~ ;': o',:.....:: " + .. .. ",' ,~ ' ,". '. . ,. ~ ,'... I " > .:' . \: ': :, ,:'F -: . ': +,~ '. ~ ,: ',1 ~ : . ~ -:. ,~~', ': I: >:',: ~ ~:: ":", ,,; ~.., ,.~,." :__:.,". -: ..; I :: ~ . :.. . :', . ': ,t'. \.,,',,':. ~ ".,/, . ,-' ,,' ;'",:",' :,... ~ ,;, ,~ ,..;:.'.... ~ + y:-.,,) . ' PEZ Bd. Mihutes' 7/9/65 Page " , on~ to I'/lpresent the ~oar~at ~he Zonin~ phb~iCHiaring on August 9~h (wti~h date he thoughi:,had been approved)., kr.. M~lande~ confirmed \ ' ,'; , ,.' " , , that he would be bacx'frbm vaca~ion in time to be present at this hear- ingD, : The Chairman stated that he hoped that any othe~ members who could do so would attend the hea~ing~ The meeting was adJourned at 5~15 P. M. ReBpec~fully submitted, '~' ~cJuI!te- ~ -iIJF t ,<II o11e', See, y , y Plannel' ", " " c, , , , ,. 'L". ' f.: " ~, , '" ;. " __..~f-" " , . " , ' ,\ :' ~ :~ " " 'I '. ,) , " ,,'v' , ' ;'~" ,', ' . ~.. l",' . . f'T(' . ,'. '.~:~ , ::~. .