1968 339- 485 _ 1-8 to 4-15-1968

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J� 540 -foot parcel of land be rezoned from "CN" District to "CG" District but later revised their application to request front portion be rezoned from "CN" to "CG -A" District and balance of property from "CN" District to "R -2-T" which had subse- quently heen denied by Planning Commission and appealed to the Council. Council thereafter indicated their concurrence with Planning Commission recommendation for denial of "CG -A" District zoning, and referred matter back to Planning Commission for consideration of rezoning rear portion of land to "R -2-T" to ac- commodate a motel, and leaving front portion in its present "CN" District zoning classification. It was also noted that the "R -2-T" District zoning for rear of property would bring most of the lot into conformity with zoning and land uses on adjacent properties. (c) It was noted at this point Appeal submitted by Attorney Dennis Woodman on behalf of MR. AL ENGEL & MR. AL ENGEL, JR., opposing the granting of a Variance by Planning Commission to permit a side yard width of five feet where 15 feet is re- quired, had not been set for public hearing, but was to be heard after conclusion of this consolidated public hearing as all related to the one parcel of property. James Melcher, one of applicants, and one of co-owners of property involved in this hearing, reported archi- tect who had been representing them had passed away on this day, and asked that he be permitted to speak to the rebuttal after presentation of appeal. Dennis Woodman, Attorney representing the appellants, owners and operators of mobile home park adjacent to this property, basically were appealing this proposed development of a motel and restaurant on this site be- cause mobile park occupancy is not a transient type, but consisting of permanent residents and this proposed use would be incompatible with its resultant noise dis- turbances from traffic and usual all -hour operations. (Petition submitted from adjacent mobile park contained some 93 signatures in protest) In addition, Variance is being appealed because of sideyard requirements for proposed development being reduced from 15' to within 5' of property line, which would in effect result in rear door of proposed rest- aurant being within 11 feet of some of the mobile homes with its resultant storage of garbage, debris, etc. In reply to questioning as to whether Variance granted by Planning Commission applied only to CN -zoned portion of property and not the proposed R -2-T, Planning Director advised that Variance would apply only to the CN portion, if granted, since a 15' setback is required between commercial and residential zones. JAN 15V Attorney Woodman also pointed out fact that Fire Department personnel had indicated their concern at the Planning Commission hearing because of low water pressure in this area as presently served by the Friendly Acres Water Company and setback ap- proved for only 5' might possibly affect proper fire — protection. Mr. Engel, Sr., reported on uncertainty of water ser- vice because of breaking lines and other difficulties and lack of fire plugs in the area. He also advised his trailer park only temporarily zoned from industrial zoning to commercial zoning and could revert back to industrial use, not appropriate for proposed development.