By Nate Smith, Staff Writer
July 09, 2008 10:17 pm
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The Washington Plan Commission recommended a change to close one loophole to the zoning code Wednesday but found another.
To close the first loophole, the commission recommended that the city council change the code so businesses cannot use residential property for a driveway to commercial property. The commission found the loophole last month when Cage, Inc., a warehouse, asked for a variance, but there was nothing in the code forbidding using residential property as a driveway.
Plan commission members voted 8-0 to ask the council to put the restriction in the city’s zoning code. Commission members Roger Gillingham and Tom Graham were absent.
Commission member Bill Summers, also a member of the city’s Board of Zoning Appeals that heard the variance case, said the restriction was needed to avoid future problems.
“We really had a problem with (the situation) because there’s nothing that says you can or can’t do it,” Summers said. “They were asking for a variance for something that was not on the books, and that makes it difficult.”
Cage, Inc., owner Larry Carpenter said the proposed ordinance should also read that commercial property cannot be used to access residential property. He said there are several examples in the city.
“I think if you put it in the code, both of them have to be addressed,” Carpenter said.
If the council decides to put the revision in the zoning code, starting at its Monday meeting, the variance involving Cage would still be valid. For several months before the variance, neighbors around the warehouse protested the driveway.
The second loophole concerned the purpose of a preservation district. Thaddeus Rusk asked the commission to zone part of his property on 906 SR 57S commercial rather than a preservation district.
Rusk plans to sell the property due to its prime location south of the city and said Southview Trailer Court and other properties in the area are zoned commercial. But, there is nothing in the city zoning code about preservation districts.
City attorney Jeff Norris said he would research state zoning law on preservation districts. Rusk’s property has been home to an auto repair shop but does have the property abutting the preservation district, near the Washington Conservation Club.
Neighbors Jackie O’Bryan and others living near the property asked the commission not to change the zoning there to commercial.
“To me, its very peaceful,” O’Bryan said. “I don’t care what they do to the front part of (the property) but I do care if they come back near my property.”
There was not a motion to change the zoning classification, and thus no action was made. Rusk can now petition the council to make the zoning change.
In other business
COMMERCIAL CHANGE
The commission did recommend changing property at 400 Center St. and 307 N.E. Fifth St. from zoning class C-4, a roadside business, to C-2, a general business.
The owner, Tom Stephens, asked for the change in class in order to build a package liquor store on the property. With the change in classification, the building can be built without violating any setback, or space, limits with neighbors.
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