2005-101 REZONING PROPERTY - 119 EAST DAMON AVENUE

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ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM Memo No.05-234 ' November 16,2005 TO: Honorable Mayor Paul Osborne and City Council Members FROM: Steve Garm ity Manager Dane C.B AICP,Assistant City Manage� , Kathy J.Mil r,AICP, Senior Planner ►��w� SUBJECT: Rezoning of property located at 119 East Damon Avenue SUMMARY RECOMMENDATION: Staff recommends approval of the rezoning of the property from R-3 Single Family Residence District to B-2 Commercial District. Prior to the issuance of any building permits the following conditions shall be met: a site plan including a landscaping plan and a lighting plan shall be submitted to and approved by the Economic and Urban Development Depariment and the Engineering and Infrastructure Deparirnent; and the storage lot shall be screened with a six-foot high ' (minimum) fence or six-foot high hedge. The Plan Commission reviewed the request at the November 3, 2005 meeting and recommended approval with a vote of 6 to 0. Plan Commission minutes are attached. � BACKGROUND: Barding Garage is located on a 3,600 square-foot lot with frontage along the north side of Damon Avenue in a 1,485 square-foot building located within seven (7) feet of the property line. The petitioner wishes to add an addition to the building. 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 east portion of the lot at 119 East Damon Avenue for auto storage. The petitioner was unaware of the situation and is willing to rezone and add new parking to confirm to the Zoning Ordinance in order to expand the building. The petitioner is proposing to rezone the 7200 square-foot 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. Since the petitioner is requesting to sell used vehicles, the property must be rezoned to B-2 Commercial District as vehicle sales are not allowed in the R-3 Single Family Residence District. The lot is surrounded by nonresidential zoning districts. POTENTIAL OBJECTIONS: There were no objectors to the rezoning request at the Plan Commission meeting. INPUT FROM OTHER SOURCES: NA STAFF REFERENCES: If Council members have questions they may contact Kathy Miller at 424-2786 or at kjmiller@decaturnet.org. BUDGET/TIME IMPLICATIONS: None