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Memo to Mayor and City Council <br />November 17, 1997 <br />Page 2 <br /> <br />The area has a mix of land uses and zoning. The properties to the south are <br />zoned Rlc and contains a single family residence. The properties to the north <br />are zoned C2 and Rlc, the uses include the Cretex office, Guardian Angels <br />office and single family residences. The properties to the east are zoned C1 <br />and are used as an office and retail. The property to the west is zoned C2 and <br />is used as a law office. <br /> <br />In his letter the applicant indicates that the property has been for sale since <br />January 1995. Inquiries on the property have included a soup and sandwich <br />shop, consignment shop and similar retail sales. He currently has a party <br />interested in opening up a craft shop. None of the uses listed previously are <br />allowed in the C2 district, all are allowed in the C1 district. <br /> <br />Evaluation of Request <br /> <br />In order to approve a rezoning request there must be a finding that a) the <br />plan was in error when it was adopted, and therefore, should be changed or, <br />b) the times and circumstances have changed since the plan was adopted, <br />and a change is warranted. <br /> <br />Staff believes that the second finding can be met. The times and <br />circumstances have changed in that the downtown area is becoming better <br />defined and this property would be a natural extension of the existing C1 <br />zoning district. The property has been for sale for over 2 years, and interested <br />parties have included uses that are allowed in the C1 district but not the C2 <br />district. Staff believes that this is a good indication that the times and <br />conditions have changed since the property was initially zoned C2. <br /> <br />The proposed zone change is consistent with the comprehensive plan land use <br />designation of central business and would be consistent with the land use <br />and zoning classifications of properties to the east, west and north. The <br />proposed change would not be any more intrusive on the residential property <br />to the south than is the current zoning. <br /> <br />Planning Commission Meeting <br /> <br />At the Planning Commission meeting held October 28th, no one spoke at the <br />public hearing. Staff received a phone call from Ralph Donais, the <br />neighboring property owner to the rear. He voiced concerns about litter on his <br />property, sidewalk not getting shoveled, the street light in back and people <br />parking on the street. After hearing the comments from the neighboring <br />property owner and listening to Jerry Smith, the applicant, explain why he is <br />requesting the rezoning, the Commission voted to recommend to the Council <br />the rezoning be approved. <br /> <br />\\elkriver\sys\shrdoc\planning\scott\zc97-7cc.doc <br /> <br /> <br />