01-12-04 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee January 12, 2004 Page 2 Don Fozo, Building Commissioner, reported that the Board of Zoning Appeals held a public hearing on this matter at their meeting of December 18, 2003. The petition addresses a parking lot which has been used for many years by an existing restaurant. In light of missing documentation on file with the City, the petitioner would like the parking lot to be legally of record. The Bill was recommended favorably to the Council by the Board of Zoning Appeals by a vote of 4-0. Council Member Puzzello noted that the parking lot in question was used as a parking lot by Kentucky Fried Chicken prior to the current restaurant. Michael Danch made the formal presentation on the Bill. He noted that they have researched City records going back go 1962 and have been unable to locate documents on the parking lot. Therefore this process is necessary in order for the current owner to pass on proper ownership to the next restaurant owner. The area in question has been used as a parking lot for over thirty (30) years. The buyer understands that the current residential zoning classification would continue and would provide additional protection to the residents who live to the west of the property. He added that the petitioner has agreed to provide proper screening to the west and south. He requested favorable action so that free and clear title can be given to the new buyer. In response to a question raised by Dr. Varner, the Council Attorney noted that the conditions set forth by the Board of Zoning Appeals with regard to screening are required in § IV of the proposed resolution. In response to a question from Council Member Coleman on lighting, Mr. Danch stated that the new buyer has agreed to keep the lighting focused down so that it will not go onto adjoining properties. Building Commissioner Don Fozo stated that the new zoning ordinance once passed will provide more specific regulations in this area; and added that his office has not received any complaints from neighborhoods on this property with regard to lighting. Council Member Puzzello inquired about the procedures used by the city to check such things as lighting and screening. Mr. Fozo stated that his staff check all parking lots for screening in May. Following discussion, Council Member Puzzello made a motion, seconded by Council Member Kelly that Bill No. 04-02 be recommended favorably to Council. The motion passed. Council Member Kuspa then called again for a presentation on Bill No. 04-04 addressing a voluntary annexation. Larry Magliozzi of Community and Economic Development was now present and apologized for not being available earlier in the meeting. He stated that Bill No. 04-04 is a voluntary annexation addressing 2.9 acres which is currently residential. Both the Board of Public Works and the Board of Public Safety recommend that the Council take favorable action on the resolution since it meets all governing provisions addressing annexation. There was no one from the public to speak in favor or in opposition to the Bill.