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REZONING Z-18-59 The Commission considered the application of Baumgardner, Baumgardner and Hill for Baumgardner, Baumgardner the reclassification of property located on the west side of 14th Street, one-half and Hill block north of Fremont Street, legally described as Lots 14, 15, and 16, Block 9, Ladd Addition, from R-3 to R-4. Held in Abeyance Denial was recommended by the Planning Commission on the basis that it would constitute spot zoning and because this area is already developed a change in zoning would create an undesirable land use pattern. There were no protests. Planning Director Bills stated the Planning Commission discussed the rezoning at two meetings, held a public hearing, and made a field trip before reaching their decision. Mr. Bills stated further the vast majority of this area is developed in accordance with R-3. Mr. Baumgardner addressed the Commission stating that he would like to clarify this. He stated he had a petition signed by all the property owners in the area and they were all agreeable to this rezoning; further, he stated he had sufficient off-street parking for 20 cars and the plot plan showing these spaces where they would create no nuisance. He was of the opinion his plan would be an asset to the City and the neighborhood. He added there was spot zoning all around in the area. In view of the fact there were no protests he could not understand the Planning Commission rejecting his application as long as he complied with all of the ordinances. Commissioner Sharp stated it was the consensus of the Planning Commission that the whole area might be developed to R-4 if this rezoning was approved. Commissioner Fountain moved the application of Baumgardner, Baumgardner, and Hill for the reclassification of property located on the west side of 14th Street, one-half block north of Fremont, legally described as Lots 14, 15, and 16, Block 9, Ladd Addition, from R-3 to R-4 be held in abeyance. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Elwell. REZONING Z-20-59 The Commission considered the application of Aune, Campbell, and Brinkmeyer for Aune, Campbell, and reclassification of property bounded by Sunrise and 21st Streets parallel to Fremont Brinkmeyer Street, legally described as a portion of the SE^, SW4, NE^, Section 35* T 20 S, R 61 E, from R-3 to R-ip. Planning Director Bills advised that the Planning Commis- Denied sion recommended denial and 60 protests were received from property owners; the reason for these protests was due to the parking situation. Commissioner Fountain moved the application of Aune, Campbell, and Brinkmeyer for reclassification of property bounded by Sunrise and 21st Streets parallel to Fremont Street, legally described as a portion of the SE¼, SW¼, NE¼, Section 35, T 20 S, R 61 E, from R-3 to R-4 be denied as recommended by the Planning Commission. Motion seconded by Commissioner Whipple and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Elwell. RE20NING Z-9-58 The Commission again considered the application of Dr. D. N. Leavitt for the Dr. D. N. Leavitt reclassification of property located on the south side of West Charleston Boulevard between Highland Drive and Desert Lane from R-1 and R-4 to C-2. Held in Abeyance This application was presented to the Planning Commission on July 10, 1958, and a public hearing was held. The Board of Trustees of the First Presbyterian Church submitted a letter urging that all zoning requests of this type in this area be deferred until such time as the route of the freeway was definitely established. Denial was recommended by a unanimous vote of the Planning Commission on the grounds that the Commission had determined in the public interest that the most appropriate use of land in the West Charleston area west of Highland Drive was residential except for necessary neighborhood shopping facilities, and that the granting of a commercial classification on this property would inevitably lead to requests for further unwarranted commercial zoning in this area. The recommendation of the Planning Commission was presented to the City Commission on July 16, 1958, and was continued on the request of the applicant until August 8, 1958, at which time the City Commission voted to hold this application in abeyance until completion of the Master Plan. The tentative Master Plan which the Planning Commission proposes to present at a public hearing on September 3, 1959, designates this area for residential uses. Commissioner Whipple asked how long it would take to adopt this Master Plan and Planning Director Bills stated it would depend on questions, problems and determinations as a result of Planning Commission hearings and subsequent City Commission hearings. Dr. Leavitt stated he had had this property for four years and his proposed development of the property was a drive-in root beer stand and he presented a picture of the building. After some discussion the Commission was of the opinion this property should not remain R-1 and some action should be taken so Dr. Leavitt could develop it. Mr. Bills had suggested the logical answer would be some sort of transitional use. It was recommended a meeting between the City Commission and the Planning Commission in regard to this rezoning application be held. Commissioner Sharp moved the application of Dr. D. N. Leavitt for the reclassification of property located on the south side of West Charleston Boulevard between Highland Drive and Desert Lane, from R-1 and R-4 to C-2, be held in abeyance, and a meeting between the City Commission and the Planning Commission be held at 5:00 p.m., Monday, August 10, 1959, in the Council Chamber at the City Hall. Motion seconded by Commissioner Whipple and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Elwell. 8-5-59