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03/15/2001-PZ-Minutes-RegularMINUTES: PLANNING AND WNING MARCH 15, 2001 PRESENT: Chairperson Charles Fenoglio, Shelley Ruland, Ralph Cain, Jack Richardson ABSENT: Polly Dwyer, Mark Bulger OTHERS PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Administrative Assistant Samantha Renz, Jay Parr, Dannie Lynch, Steven Frank, Deborah Dickinson, Betty Robinson, Stephen Pace, Virgil James, Melanie and John Miller 1. Charles Fenoglio called the meeting to order. 2. Approve Minutes -March 1, 2001 Shelley Ruland moved to approve the minutes. Jack Richardson seconded. Motion carried unanimously. 3. Conduct Public Hearing to Consider a Replat of Lot 4, Block 3 of the Hampton Addition into lots 1R, 2R, and JR. Property is located on the comer of Church St. and Seventh St. Public Hearing opened. Melanie Miller, 514 Oak St., indicated they are wanting to Replat the lots to build a house. Charles Fenoglio asked why they were requesting a variance on the setbacks. Ms. Miller indicated they wanted to build a bigger house. They already have their house plans drawn up. Discussed the plans for the house. Public Hearing closed. 4. Consider and Possible Action Regarding Replat of Lot 4, Block 3 of the Hampton Addition into lots 1R, 2R, and JR. Property is located on the corner of Church St. and Seventh St. Jack Richardson moved to approve the request as presented. Shelley Ruland seconded. Motion carried unanimously. 5. Conduct Public Hearing to Consider a Zoning Request Change from 81 (Business 1) to B2 (Business 2) on property legally described as Abstract 1241 H. Tierwester Survey, tract 222. Property is located at 1200 Stemmons Frwy. Public Hearing opened. Steve Pace, indicated they would like to put a recreational vehicle lot on the right side of Papa's Eatery. He indicated he looked through the code and there wasn't anything regulated for recreational vehicles, there was something for mobile homes and trailers. He indicated they would employ about 50 people. No one will live at the property, it will be a sales office. Mr. Pace indicated they will take trad-ins, such as boats, trucks, cars, etc. Discussion regarding the parking lot, Mr. Pace indicated it would be rock. Mr. Pace re-emphasized that no one will live on the property, and they will be selling new and used travel trailers and R. V.'s. Shelley Ruland indicated the other three corners are currently zoned B2. She didn't have a problem with it. Public Hearing closed. Jay Parr, Southside Dr., indicated he wanted them to take into consideration the empty business currently there. 6. Consider and Possible Action Regarding a Zoning Request Change from Bl (Business 1) to 82 (Business 2) on property legally described as Abstract 1241 H. Tierwester Survey, tract 222. Property is located at 1200 Stemmons Frwy. Jack Richardson moved to approve the request. Shelley Ruland seconded. Motion carried unanimously. 7. Conduct Public Hearing to Consider a Zoning Request Change from SF3 (Single Family 3) to 2F (Two Family) on property Legally Described as Sanger South, Block 2, Lot 13. Property is Located at 125 Southside Drive. Public Hearing opened. Steven Frank, 210 Southside Dr., spoke in opposition of the request. He had a letter from the previous tenant that indicated he was renting the unit to her. Dannie Lynch, 125 Southside Dr., spoke in favor of the request. On March 28, 2000 he was issued a permit by the City of Sanger. He started construction on the unit the next day, each step was done, inspected, and approved. He indicated he worked on the project for 6 months, then 7 weeb ago received a letter from the City stating that he was in non-compliance. The unit is very nice. He felt the permit should not have been issued to him if it was in non compliance. He showed pictures of the unit he had built. Discussion. Ralph Cain asked if it was built to be used as rental property. Mr. Lynch indicated it was. He showed copies of the plans he submitted. He indicated he had been up front with Bob Hagemann, and has spent $56,000 on the unit. Jack Smith, 1003 Hunters Court, indicated when Mr. Lynch came in with a building permit there was nothing wrong with the unit. The plans did not have a kitchen, once the kitchen was put in, he assured Mr. Hagemann that his mother was going to live there. This would not have been a problem since she is family, once the unit was rented it became a duplex. Dannie Lynch, 125 Southside, indicated he did not make the statement that it was for his mother, he was asked if his mother would live there, and he indicated his mother had commented that she would like to move in to the unit. H there was mis-communication that is not his fault. Betty Robinson, 126 Southside Drive, biggest question and concern if this gentleman was in the wrong, when the frame started going up they should have complained then, instead of after it was completed. it should have been stopped when the concrete was poured for the slab. She did not understand what the big issue was. Mr. Frank indicated he did come to the City and ask, the city advised that he was building it on for his mother. They did not have a problem with it. Deborah Derickson spoke in favor of the request, and indicated it should not matter who lived in the unit. It shouldn't make a difference. Public hearing closed. 8. Consider and Possible Action Regarding a Zoning Request Change from SF3 (Single Family 3) to 2F (Two Family) on property Legally Described as Sanger South, Block 2, Lot 13. Property is Located at 125 Southside Drive. Staff recommends to not spot zone. Charles Fenoglio asked how would they rectify the problem. City Manager indicated he would just have to cease renting the unit. Discussion regarding the request. City Secretary indicated she did question it when it was going up. She was told it was an add on for bis mother. Jack Richardson asked as a resident bow did she feel about the unit. City Secretary indicated she was concerned with the future of the neighborhood. She felt a variance would have been better; however, was advised by the City Attorney that it bad to be a zoning change, she did not recommend spot zoning. Mr. Lynch asked what about the other duplexes in bis area. City Secretary indicated they were there at the sta~ of the subdivision. No motion made, no recommendation made. 9. Any Other Such Matters. None. 10. Meeting Adjourned.