1988-01-11 Public Hearing and Regular Meeting

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Rezone - Gary A. Groda October 30, 1987 Page 2 Due to the small size of this tract and the fact there is no adjacent commercially zoned property, the rezoning of this tract to N.c. would constitute "spot zoning". Spot zoning may be defined as arbitrary and capricious treatment of a limited area within a particular zoning district. As such, it departs form the City's comprehensive plan by singling out a single parcel or limited are of land for special treatment or privileges not in harmony with other use classifications in the area and with out any apparent circumstances that call for different treatment. (This definition was taken from Land Use by Robert Wright and Susan Webber.) Spot zoning is considered to be poor zoning practice. Conclusion• The request is in conflict with the City Council's intent for this area (as evidenced by the zoning and land use maps). There have been no apparent changes to the conditions or circumstances surrounding the subject property warranting a change to the City's Comprehensive Plan, and finally the recommendation for approval of this request to the City Council and their subsequent possible approval would constitute spot zoning. Therefore, staff does recommend denial of the request. Recommendation: Denial of the request. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this request in public hearing and regular meeting on November 5, 1987. The Commission recommends denial of this request.