01-28-02 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee January 28, 2002 Page 2 had public hearing before the Area Plan Commission on December 18, 2001 and sends the Bill to the Common Council with a favorable recommendation. Mr. Michael J. Danch, president of Danch, Harner & Associates then made the presentation and • provided copies of the preliminary site plan for the project (copy attached). The petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a management office and a single-family residential use. Mr. Danch further noted that the petitioner was also seeking a special exception in order to permit the continuation of a residential dwelling unit within a"C"commercial zoning district classification. Assistant Zoning Administrator Catherine M. Brucker then provided the report from the Board of Zoning Appeals. She noted that the Board of Zoning Appeals held a public hearing on the request I'I on December 20, 2001 sends this with "no recommendation" (report attached), noting that there may be some traffic concerns. The Council Attorney noted that the Committee could hear Bill No. 02-1 which deals with the special exception request in conjunction with Bill No. 116-01. Council Member Coleman voiced concern that the documents provided depicted the smallest aerial and hoped that future documentation would be enhanced. In a response to Council Member Coleman, Mr. Danch stated that the existing garage would be converted and that a breezeway would be built to connect it to the house pursuant to Code. Dr. Varner inquired about the partially vacated alley and whether there was a curb cut present. Mr. Danch noted that he was working with the Engineering Department on that issue. Mr. Myers stated that the curb cut does not exist. Mr. Danch noted that they are attempting to keep all vehicles off the streets and that the petitioner has one(1) employee. Following discussion, Council Member Coleman made a motion,seconded by Dr. Varner that Bill Nos. 116-01 and 02-1 be recommended favorably to Council. The motion passed. Under unfinished business, Council Member White inquired about the regulations governing the location of cell towers. She inquired if notification was required since a tower is in the process of going up on Western. Council Member noted that such companies need to be good neighbors and that notice should be given before installation begins. Council Member King noted that as long as the property in question is zoned commercial, that there is nothing which the Council can do and that installation is proper under the current zoning code. Council Member King further noted that at the next Executive Session of the Area Plan Commission cell tower procedures will be on the agenda for discussion. Catherine M. Brucker stated that a draft is being developed in the Building Department which may address requiring a certain distance of such towers from residential areas. Council Member King voiced concern that he had not received a copy of the draft. He further noted that the entire zoning code would be reviewed this year.