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COUNCIL [.'EETl. <br />REQUEST FOR COUNCIL ACTION J U N 2 6 1995 <br />DATE: <br />ITEM NO.= 7 <br />Department Approval: <br />Name Jeanne A. Mabusih <br />Title Building & Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: #2024 James Wilson. 2565 Lydiard Avenue - Conditional Use Permit <br />Resolution <br />Zoning District: B-4/LR-1B , .. • r. a <br />Review Exhibits N and Q. The majority of this property is located within B-4 zone. <br />Approximate area = 33.239+ s.f. (exclusive of Lydiard Avenue right-of-way) <br />Brief Review of Application <br />For more detail on this review, please refer to the staff memo dated June 15, 1995 <br />enclosed within your packet. <br />James Wilson has applied for a conditional use permit to allow the continued residential <br />use of the property considered a non-conforming use in the B-4 zone. Review Exhibits H thru <br />O that detail the zoning history of the property. In 1959 when the Elliots built the residency <br />the Zoning Code was vague enough so that a residence was constructed within an area defu^ <br />as a commercial zone. There are no specific uses listed within the 1950 Zoning Code effective <br />at the time of the construction of the residence. The use at that time may have been found to <br />be compatible based on the three standards set forth in the Code. The Elliots have owned the <br />property from 1959 to the present. Mrs. Elliot, who lived in the residence up through <br />December of 1994, is now deceased. Some members may remember the former fabric shop that <br />was operated from the commercial area of the structure adjacent to Shadywood. <br />The family of Mrs. Elliot now offer the property for sale. The current applicant would <br />like to retain the residence and also operate his accounting office. The office/professional use <br />would be a permitted use within the existing B-4 zone. The applicant advises that he is assisted <br />by one full-time and one part-time employee during the tax season. He may, b^ed on work <br />load, hire an additional part-time employee. Review Exhibit E, the oiUy alteration proposed <br />within the structure is the installation of new partitions to create an additional office area. <br />The Planning Commission agreed that if a residential use was to be retained on property <br />along with a business use that it would be necessary to create controls on the permitted <br />commercial use. In addition to the improvements recommended by the City Engineer, the <br />Planning Commission added the following: