07-16-1987 Public Hearings and Regular Meeting

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• • Planning and Zoning Meeting hiinutes of July 16, 1987 Page 3 privileges, not in harmony with the other use classifications in the area and without any apparent circumstances which call for different treatment. "Spot Zoning" almost always involves a single parcel or at least a limited or small area. An allegation of "Spot Zoning" may arise from situations involving amendments to the ordinance, variances, special use permits or special exceptions or similar devices discussed in a later section". "Allegations of "Spot Zoning" are defended against with contentions that the change is in accord with the Master Plan, that conditions in the area have changed drastically since the Comprehensive rezoning, thereby justifying the change to the parcel or parcels involved, that the original zoning was clearly erroneous because the parcel, which they are seeking rezoning, is afflicted by some condition unique to that parcel which justified the change and that the change meets the criteria of the zoning ordinance, allowing a conditional use permit or special exception and that the zoning as present would be an unreasonable hardship to the land owner unless the change was granted, in case of a variance. Mr. Armstrong stated that this is basically what they are dealing with. One requirement for making a determination on any zoning change is that a look be taken at the comprehensive plan and the land use plan and that those be amended or considered to be amended before making the actual suggestion for amendment on the zoning map. Discussion on the above matter took place at this time. The board took a vote and unanimously determined that indoor and outdoor storage of boats and R.ll.'s with proper screening was an appropriate G.C. use for this location. This use was not keyed to a SIC number. Rezone to G.C. - Request was denied 5 to 2. Passed on to City Council for final decision. Next on the agenda was the Special Conditional Use Permit for the New Jerusalem Church of God - 210 W. Pollc St, zoned as "R-1". They are proposing to build a new recreational/education building and parking lot located adjacent to their existing facility. Section 5-600, Table A lists religious institutions as a conditionally permitted use in "R-1" zones. This use must meet the requirements of Section 5-800(a). They also requested a Special Exception to setback requirements for their new building. This request will be decided by the City's Zoning Board of Adjustments. Subject to the church's special exception request being granted and their compliance with Section 5-800(a) of the Zoning ordinance, staff recommends that this special conditional use permit be granted. A motion was made and seconded for the recommendation of the special conditional use permit to be approved.