2005-101 REZONING PROPERTY - 119 EAST DAMON AVENUE

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+ � Excerpts for Plan Commission Meeting November 3, 2005 Cal.No. OS-b0 Petition of DONALD JONES, BARDING GARAGE to rezone the property at 119 East Damon Avenue from R-3 Single Family Residence District to �2 Commercial District. ' Ms. Kathy Miller was sworn in by Ms. Jesse. I Ms. Miller stated Mr. Jones was taken to the emergency room just before the meeting and will not be attending; the Plan Commission can choose whether they want to hear the petition or table it for next months meeting. The Plan Commission agreed to hear the petition. Ms. Miller presented the recommendation of staff: Barding Garage is located on a 3,600 square-foot lot with 90 feet of frontage along the north side of Damon Avenue and the proposed parking area will be located on a 7200 square-foot lot with 180 feet of frontage along the south side of Damon Avenue and 40 feet of frontage along North Main Street. The existing garage is located in a 1,485 squar�foot building within seven (7) feet of the property line at 140 Damon Avenue. The existing business is nonconforming as there is no required parking provided. The Zoning Ordinance does not allow the expansion of a nonconforming business. Currently the petitioner is illegally using the lot at 119 East Damon Avenue for auto storage. The petitioner was unaware of the situation and is willing to add new parking to expand the building. In July of 1972; the Zoning Board of Appeals approved a special parking permit to allow the construction of an off-street parking lot at 119 East Damon Avenue. The parking area consisted of five (5) parking spaces on a 3200 square-foot loc utilizing the alley for ingress and egress. In October of 1972, the Zoning Board of Appeals approved a variance granting the construction of a 480 square-foot addition to the existing garage with a seven (7) foot front yard setback. Neither of the two approved projects were completed. On October 13, 2005 the Zoning Board of Appeals granted a variance to reduce the required setback for the proposed building expansion at 140 East Damon Avenue from 25 feet to ten (10) feet and to reduce the required number of parking spaces from ten (10) to five (5). The petitioner is proposing to rezone the lot located at 119 East Damon Avenue from R 3 Single Family Residence District to B-2 Commercial District to construct the required parking area with an accessory storage area and an area to sell used vehicles. The business is currently nonconforming since the approved projects were not constructed. The proposed building expansion at 140 East Damon Avenue cannot be completed until off-street parking is provided. The petitioner is willing to provide of€ street parking.