Loading...
HomeMy WebLinkAboutPC Minutes 01-09-1978 • Planning Commission Minutes January 9, 1978 Page 1 1319TH ZONING UNIT - R. W. HENDERLONG, JR. - Petition to reclassify a parcel containing one acre from the M-1 (Light Industrial) District, to the C-2 (General Commercial) District, located at 6400 Village Parkway, west side, 400' south of Dublin Boulevard, Dublin area. • Mr. Henn presented the staff report. He reviewed the history of the application and indicated that the applicant has requested a decision as soon as possible as this has been continued several times. He recommended that the Planning Commission recommend to the Board of Supervisors that the subject petition be disapproved for the reasonsspecified in the staff analysis. Commissioner Spiliotopoulos believed that the staff and the County have been wrong in respect to the need for that much M zoning in Dublin. He believed the Commission should attempt to help these property owners get an economic base for use of the property. Commissioner Kauffman agreed that the staff and Commission have been wrong in the zoning of this area, as the climate has changed since County officials thought they should build a big industrial base in Dublin. Mr. Henn believed that the question is related to uses that have gone in this building and what the Zoning Administrator has not approved as being characterized by a low degree of on-site customer or client contact. Commissioner Spiliotopoulos pointed out that it is impossible to borrow money on a conditional use and that is probably the basis for the zoning. Commissioner Tissol suggested that the Commission should be reconsidering the plan rather than zone by piece-meal. Mr. R. W. Henderlong advised that he had rented the building to an attorney and the Chabot Credit Union as he had believed that they were uses which were acceptable under the Zoning Ordinance. He indicated that 6 months ago he was informed by the County Zoning Official that the 2 tenants were not permitted under the zoning regulations pertaining to this property which prompted his application for rezoning. He noted that until recently there was an excess of office space in the Dublin area, but it is finally starting to fill up and he is down to one vacancy at present. He also indicated that though the area is shown as M-1 zoning, it is developed with office buildings. He requested approval of his application. Commissioner Rusteika asked if the uses in this building can continue if the rezoning is denied. Mr. Henn indicated that the uses now in the building have been determined not to meet the criteria in the Zoning Ordinance in order to remain in the M-1 zone. Mr. Fraley explained that it is difficult to protect land that should be maintained for industrial development but if it is not maintained when there is a need for such development there will not be the land. He believed that this applicant was aware of the limitations on his use permit at the time that the use permit was approved. Mr. Henderlong indicated that his only intent is to operate within the County regulations and that he would settle for commercial office zoning. Commissioner Carpenter asked if this zoning as requested would not be in violation of the General Plan. Mr. Fraley indicated that on January 23, 1978, the Commission will consider text changes to the General Plan to allow a wider range of interpretation of the plan and the map that presently exists. He indicated that it is not known whether or not those changes will be adopted at that time. Planning Commission Minutes January 9, 1978 Page 2 1. 1319TH ZONING UNIT (CONTINUED) Commissioner Bernhardt didn't believe that the Commission is bound to the Young- blood decision in this case. He thought that the Commission should take a look at the area in the context of a General Plan consideration. Mr. Fraley believed that the Commission has studied this area in the past and there is not a shortage of information. He also noted that there is an incorporation movement in the Dublin area. Commissioner Shockley moved that the Commission adopt the staff recommendation for denial. Seconded by Commissioner Tissol. Commissioner Douglas asked if there is any way that the uses now occupying this building could be permitted until such time as there is a need for industrial uses. Mr. Fraley advised that the uses may continue until the Board of Supervisors resolves the zoning. Mr. Henderlong advised that this building is surrounded by commercial uses and he also noted that a building is already in existence on this site, so regardless of the zoning or General Plan designation, the building will be used for office uses. The motion ended in a tie vote with Commissioners Bernhardt, Carpenter, Spiliotopoulos and Kauffman voting no. Commissioner Bernhardt moved that the Commission recommend approval as requested. Seconded by Commissioenr Spiliotopoulos and carried with Commissioners Tissol, Shockley and Douglas voting no. 2. 1324TH ZONING UNIT - MAX L. IRWIN - Petition to reclassify two lots containing a total of 7,150 sq. ft. from the R-1 (Single Family Residence) District, to the R-2 (Two Family Residence) District, located at 16605 Ehle Street and 1930-166th Avenue at the southwest corner of the intersection with 166th Avenue, San Leandro area. Chairman Kauffman announced that this matter would be continued to January 23, 1978. Commissioner Rusteika so moved, seconded by Commissioner Spiliotopoulos and carried. 3. 1327TH ZONING UNIT - ROBERT R. YOUNG - Petition to reclassify approximately 2,600 sq. ft. of a larger property of 22,624 sq. ft. from the R-S-D-3 (Suburban Residence, 2,500 sq. ft. per dwelling unit) District, to the C-N (Neighborhood Business) District, property located at 83-105 East Lewelling Boulevard, south side, 530' east of the Southern Pacific railroad tracks, San Lorenzo area. Mr. Henn presented the staff report. He noted that the County acquired 26' of the property including the existing buildings on the property. He indicated that the applicant wishes to move the zoning designation 26' which is the distance that the County acquired. He recommended that the Commission take testimony and continue this matter to February 14, 1978. Commissioner Tissol asked the effect of the 26' jog on the adjacent property. Mr. Henn indicated that this would mean parking for the commercial uses next to multiple residential uses. He noted that this property would be subject to site review and such things as landscaping and fencing could be used to ameliorate any negative effects of the parking. Mr. Kolander advised that the property was purchased as part of a planned widening and apparently it was a hardship on the owner as it was acquired at his request. Mr. Robert W. Young of 101 E. Lewelling Boulevard, indicated that the property was acquired from the former owner. He indicated that his wife owns the florist business on Levelling and business is flourishing. In order to expand that business they would need to own the building which is presently leased from the County. He said that they would hope to take the other tenants with them when they rebuild on the site. He indicated that they would like the same amount of