06-26-1995 Council Packet - Laserfiche WebLink

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Zoning File #2024 June 15, 1995 Page 2 History of Property The Elliot family constructed the existing residence in 1959, refer to Exhibits G, H and I Sometime after the construction of the home, the commercial addition to the northeast side of the residence was constructed. Some members may remember the former fabric shop located within commercial part of strucmre. The commercial use of the property ceased sometune within the last 10 years. Mrs. Elliot has resided at the residence through December of 1994 when Mrs. Elliot passed away. The property' is currently being offered for sale. In reviewing the vague description of allowed uses in the 1950 code, it would appear that as long as the use was found to not involve a negative impact on the commercial district that a permit for residential construction was issued by the City. In 1967, review Exhibits J and Kl-5, the commercial zoning district was now reclassified as B-1. The uses were clearly defined. Note that multiple dwellings were allowed as a conditional use permit in the B-1 zone. Finally, in the 1975 codes and current codes, property was rezoned to B-4, Office Professional Use District. Residential dwellings, except for retirement homes and nursing homes, are no longer allowed. Per Section 10.03, Subdivision 5, the applicant and future owner of the property asks the City to allow the continued use of the residential structure for residential use. The applicant also proposes the use of the commercial part of the structure for his accounting business. Both applicant and an assistant would be full-time and a part-time person used during the tax season. The use would be consistent with those uses allowed within the B-4 zoning district. Refer to Exhibit P, the neighboring property owner at 2615 Lydiard Circle recommends approval of the continued use of the structure as a residence. In informal conversations with property owners of that area, they have noted support for the continued use of the residence structure as a residence and would be greatly concerned if the entire structure was to be used for an office commercial use because of the surrounding residential development. As with Zelma McKinney ’s conditional use permit application for a non-conforming use, this property also has been under single ownership for over 40 years and property subject to major zoning code amendments through those years. Staff has not asked for hardcover facts. As already noted above, the majority of paving/structural improvements will be located out of the 1,000’ setback. In addition, applicant proposes no improvements that involve the expa^ion of the building envelope nor of paving improvement. Review Exhibits FI and 2, the Engineer has reviewed^the commercial entrance area and has recommended parallel parking along the south side of the paved area leaving the north side open as a through roadway connecting Lvdiard and the County road curb cuts. On your site inspection, observe the area of concern noted by Engineer at the north entrance. Applicant will have to work closely with the County to achieve the necessary clearance of vegetation to open up the sighting distance from that curb cut. It would be staffs guess that the majority of the vegetation would be located within County right-of-way, although applicant should contact property owner, Clair Rood, to immediate north if shrubs or trees are to be trimmed back.