pf_03329 - Laserfiche WebLink

Home

time decided a more appropriate solution was a special use permit for the music school only. In 1984, the City amended the R-1 code to allow private schools - such as a music academy - as a permitted use in the R - J zone. The City has no record of a special use permit for anything but the Rymer Music Academy. A Music School (or any public or private school) continues to be permitted use in the current R-1low-density residential zoning district text; a business is not a permitted or conditional use. The City Code has no provision for office conditional uses in an R-1 zone. At the August hearing, nearby property owners questioned if some type of special permit could be issued to allow only a small office, but prohibit other business or commercial uses. The only possible permit for this single use (with restrictive conditions) could be an Interim Use Permit, found in Section 1012.09 of the City Code. Staffrecommended denial of the request by Ms. Agness to change the Comprehensive Plan from LDR (Low Density Residential) and B (Business) and recommends denial of a rezoningfrom R-1 to B-1 based on the findings in Section 4 and 5 of this report (09/12/0J). Staff also recommended approval of an Interim Use Permit ofwhich the applicant may seek renewal every five years (with conditions, which are shown in the attached draft resolution). The staffrecommends this because the site was previously usedfor a music academy for 40 years. Even then, some supporters of the 1960 academy reported that the noise and traffic was too intense an impact for a singlefamily home use. The noise and traffic impacts of the academy were more intense than those of the proposed residential real estate office. After 40 years, without substantial improvements and removals, the building will not easily be reconverted to an owner occupied singlefamily home. Given the current R-1 zoning, it is more likely, economically, that the structure would be converted to a shared residential use by four unrelated house renters who share expenses, each with one or two vehicles to be parked on the large paved pad in the rear of the site. Ms. Kathleen Agness stated she had concerns with the interim use permit because it was not permanent. She said "B-1" (Business zoning) is the highest and best use for the site. She will look for group home uses, including a home with six residents. The Department of Corrections is interested in this site. She listed possible residential occupants and compared it to "B-1" zone. She is concerned that an interim use is too risky financially. Ms. Agness said the site was noisy in 1960 and worse today. Traffic has and will increase. Member Wilke asked if a second five-year application could be approved, or whether the permit could be for a longer period of time. Member Duncan asked if she wanted and interim use permit or "B-1" zoning. Agness responded that she wanted "B-1" zoning, not an interim use. unless this is only option. Chair Mulder asked whether more information was available regarding the original Special Use Permit for the Academy; Ms Agness was not aware of the SUP, but relied on informationfrom her real estate professional (now deceased). Cindy Gardner, 2261 Lexington Avenue, reviewed the staff report and asked for a copy of the letter from Roger Dunnette (08/08/01), which was placed in the minutes (copies are to be made available to those requesting them). Roger Dunnette, 1085 W. Sherren St., adjacent property owner, reques,ted that his statement (09112/01) be attached to the minutes of this meeting. Hefelt his property was most impacted. He commented on the staff report, regarding the required fence; he does not agree that additional fencing or vegetation be added along Agness' south boundary. The fence would enclose the lot, PF3329 RCA (092401).doc Page 6