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07-28-1983 Special q o ~ BOARD OF ADJUSTMENT July 28, 1983 Special Meeting Minutes The meeting was called to order by Mrs. Martin, Chairman, in City Hall at 7:03 p.m. Mrs. Martin advised that the special meeting was called to hear the continua- tion of the Special Exception request of Mr. Luis Gei1 for R-4 usage to con- struct apartments in a B-3 area on Marion Avenue. This was tabled at the July 14, 1983 meeting. ROLL CALL Members present: Mr. Garthwaite, Mrs. Martin, Mr. Newell and Mr. Roush. Excused: Mrs. Murphy and Mr. Wetzel. Also present: Mrs. Taylor, Secretary. Mr. Gei1 explained that he has provided additional information on the storm water and water/sewer, and that since the last meeting he has gone over the plans with the City Engineer and has received the approval of the Planning Commission. A letter from Mr. Tucker, City Engineer, was provided to the Board members. Mr. Gei1 said they will maintain the B-3 along U. S. 1, back 250 feet on Marion. Mr. Gei1 explained that the apartments will be two-bedroom and two-bath rental units. The purchase of the property is pending approval of the special exception. Mr. Garthwaite and Mr. Newell commented that they felt a request for rezoning should have been made. It was noted that there was no input from the abutting property owner to the west. The chairman verified that the abutting property owner to the west, C. & P. E. Smith, and the owner to the north, Coleman Construction Co., had been notified of the request for a Special Exception. The secretary explained that Mr. Byram Adams, the owner of the property, had stopped into the office and advised that he must give the theater operators an answer by August 1 whether or not he would renew their lease. That is the reason for the special exception request as opposed to requesting rezoning. Mr. Garthwaite said he would rather see this go through the Zoning Commission, but by the zoning laws he has the right to request a Special Exception. The members reviewed the criteria for granting a Special Exception (Sec. 903.00). They found that (a), the use is listed among the special exceptions in the district for which application is made; (b), the requested use will not impair the character of the surrounding districts, as there is R-4 usage abutting the property to the north, and mobile homes to the south; (c) the requested use will be in conformity with the land use plan; the members discussed the fact that the property was no doubt zoned B-3 to accommodate the drive-in theater which was already there; this project will not encroach into the B-3 business district along Rt. 1, therefore this use does conform to the land use plan; (d), adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided; according to the City Engineer's letter, he will meet all these requirements at the time of final approval from Planning; (e), the proposed use will not increase traffic congestion. Though the development would . increase traffic on Marion, it was brought out that this would be over a long period of time, and not limited to certain hours bf the day. The members recommended that the entrance marked for emergency vehicles only be widened for ingress and egress to and from the property as an additional access. The members agreed that the request for a special exception does meet the requirements of Sec. 903.00. Mr. Roush asked about the drainage and sewer line and was advised that there would be an 8" sewer line which would tie in with Shangri-La. There would be 6" water lines to the hydrants. Mrs. Martin asked if there were any abutting property owners present. The secretary advised her that there were none. Mr. Opal said that he wished to make a statement before this was finished. Q . o ,. Mrs. Martin asked if there were any more questions from Board members. There were none. Mr. Opal asked to make a statement. Mrs. Martin asked that he keep it brief. Mr. Opal said that the property only consists of one third R-4 and to him this would be spot zoning. He mentioned that the applicant is not the owner, nor a person committed with an option to buy in any form, nor directed by the owner to change or alter its zoning. Mr. Geil, he stated, is attempting to procure rezoning on his own and getting it would enhance the value greatly. Mr. Opal reiterated his comments made at the Planning meeting. Mr. Garthwaite said he felt there was a special situation in this case. The front 250 feet will remain as B-3. He asked Mr. Geil if he had authorization from Mr. Adams to act in his behalf; Mr. Geil pointed out that there was a copy of the authorization in the file. Mr. Garthwaite made the motion that the Board grant the Special Exception with the con- dition that it be for one year, that the egress on the east side of the property be upgraded for a normal entrance driveway and that the front 250.32 feet from the highway west remain B-3, and not be included in the Special Exception. Mr. Newell seconded the motion and it CARRIED 4-0. The meeting was adjourned at 8:00 p.m. Minutes submitted by Joan Taylor