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a minimum of five acres for that district and that would be reduced <br />to two and a half if the district is adjacent to a node. <br />Essentially he felt we would have the same potential impact with <br />limiting it to an office use as for general commercial. <br />Commissioner Wheeler asked about the RS -6 area across the <br />street and asked how that happened. <br />Director Keating could not explain it but stated Staff will be <br />going, through with a set of comprehensive administrative rezonings <br />once the comprehensive plan is found in compliance and that is one <br />of the first items to be addressed. <br />The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. <br />Attorney Michael O'Haire, representing Trevor Smith, appeared <br />with some graphics to share with the members of the Board. He <br />described the area. He paraphrased policy 13.3, if there is <br />oversight or mistake the plans needs to be changed and he suggested <br />to the Board that there was oversight and mistakes by putting <br />residential zoning where the R & H Crane Service Equipment yard is. <br />He gave a history of the area, and the Trevor Smith parcel and the <br />Smith residence, stressing the heavy commercial development to the <br />east. He commented that if the Board tells Mr. Trevor Smith the <br />property he acquired from his father can be used only for <br />residential purposes, in truth you have told him he cannot use it <br />for anything. Mr. O'Haire reported he had talked to every one of <br />the owners of property on Old Dixie to the south up to Eighth <br />Street, all of which are single-family homes, and all have <br />experienced the same problem that Mr. Smith experienced. <br />Carl Brubacker, 835 10th Avenue, felt this had been fully <br />discussed before the P & Z board, who made an obvious decision not <br />to allow it for a very simple reason. This is not Old Dixie <br />Highway. We are talking about residences on Tenth Avenue designed <br />to stay residential, and if the Board allows this person to change <br />this on 10th Avenue, which his lot does touch on, then you can have <br />commercial on the rest of 10th. He stated he did not like Mr. <br />Smith having a bad time, but there were other homeowners on 10th <br />Avenue who had to be considered. He recalled that, at the P & Z <br />Board meeting, Staff clearly indicated Mr. Smith could build a <br />residence facing 10th Avenue. He pointed out there were eight <br />people in the audience who own houses on 10th Avenue who oppose <br />this change. <br />Trevor Smith, owner of the subject property, stated that his <br />address is not 10th Avenue, it is an Old Dixie address. <br />Furthermore, 9th Street, which goes from east to west, and is the <br />only access into that commercial plaza on the north, goes right <br />43 <br />MAY 21 19 1 <br />