1/23/1985 - Laserfiche WebLink

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Commissioner Wodtke asked why the Minutes of the Planning & Zoning Commission meeting were not included in today's backup material and Director Keating answered that that it simply was an oversight. Staff will provide copies immediately. Attorney Brandenburg confirmed that there are deed restrictions on this property, but he was of the opinion that the application of a private deed restriction does not have any direct bearing on zoning decisions except to the extent that the Board must realize that individuals have bought property relying on the deed restrictions and to the extent that the Board must consider how the proposed development is going to relate to the abutting neighborhood. As far as the private road is concerned, there is no problem with access as every lot in the subdivision has that right. He felt that people in Summerplace probably have a good expectation that Lot L will remain residential and that the Board should consider what caused them to have that expectation. Chairman Lyons asked why that corner should be C-1, and Mrs. Goetzfried explained that initially the whole block fronting along SR -510 was commercial and the two lots in question were rezoned in 1961. Attorney Brandenburg advised that even if the Board approved this site plan today, the property owners in that area have the ability to enforce the deed restriction on Lot L by filing suit. Commissioner Bird understood then that staff is appealing both the approval of the site plan and the bank facility as a special exception in the Commercial Restricted District. Commissioner Scurlock felt our main concern should be the traffic element. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Michael O'Haire, attorney representing the owner of the property, Thomas H. Collins, distributed colored maps of the area in question. 27 AN 2 31985 BOOK 59 648