September 9, 2014
Commissioners in Attendance: William Craig, Vice-Chair; Hubert Trego, Chantey Nelson and Mary Losty
Others in attendance included: Anne Roane, City Planner; Robert S. Collison, City Attorney;
Charles Lednum, Jr.
The meeting was called to order by Vice Chairman William Craig. This meeting tonight is to hear and offer a recommendation for a Special Exception P&Z Case 04 13/14 at 400 Maryland Ave, applicant is Lednum Hearing Center, LLC. It is a Special Exception request to allow a commercial apartment in the NC zoning district.
Anne Roane spoke to this Commission that the applicant is requesting a Special Exception to allow a commercial apartment in the NC-3 zone; these facilities are permitted in the NC zone through the granting of a Special Exception only.
The supplemental use regulations regarding the commercial apartments has been provide to this Commission and the ones that are applicable have been addressed.
City Planning and Zoning staff has reviewed the proposed project and finds that the proposal was in compliance with the applicable zoning codes.
This has been a commercial apartment for years it was just that it was vacated use in excess of 90 days.
Charles Lednum is here, the applicant, and has an option to buy the property and this building. We have talked with Mr. Lednum and he understands that he will need to get a permit for his signs and he knows what those restrictions are. He does not need a special exception for a sign.
Mr. Charles Lednum has proposal is to run his family Hearing Healthcare practice out of the first floor of the building and using the second floor as a residential rental to offset the mortgage and to also keeping the building as to is original form. They will not change the character of the neighborhood and he does not intended to make any changes to the outside of the building. There is parking in the back of the lot, a few spaces in the front and side of the lot, for clients and employees. The building is very close to most of the medical practice offices in the area.
Discussion on the issue of:
• The local fire chief and fire marshal had no objections to the use that was proposed.
• The entrance to the apartment one hours fire separation, was there any mentioned about the one hour fire separation for the ceiling. And there was none mentioned.
• No fire sprinklers were necessary at this location per the fire marshal and the city fire chief.
• No second entrance from the second floor apartment. The old servant's stairs will be blocked off, because it goes directly to the business office and the front entrance is sufficient.
• A rope ladder for the apartment was suggested and will be efficient.
• There has not been any negative feedback from the neighbors.
• Estimates to have at total of five employees, which includes himself and his father.
• Should be plenty of parking for everyone.
Ms. Losty made a motion to give favorable recommendation to the Board of Zoning Appeals with the addition that the commercial apartment would have the rope ladder. The motion was seconded by Hubert Trego. All approved in attendance.
Mr. Trego asked about a house on his street, 404 Bayly Avenue that was sold by a bank for $20,000 a few years ago. Exit Realty has it now for $100,000 for the same house and had some workers at the location to fix it up. He noted that the home had asbestos siding and an unapproved permitted partial deck on the back. Ms. Roane said that she would get the City Property Maintenance person to look at it.
Mr. Collison stated that if the home is not in compliance and to transfer the property, the person needs to contact DPW to see if there are any citations on the property. If there are any outstanding issues not in compliance the buyer has to sign an acknowledgement to agree to abide by the fix and repair notice.
Mr. Trego asked if we as the City, do we get to see the insides of the buildings, does Planning Department office send someone out to look at the inside of the building? Ms. Roane replied that the fire marshal gets to inspect the property.
Mr. Collison responded that those are a fire marshal issue not the P&Z.
The next meeting is on Tuesday, October 7th.
Vice - Chairman William Craig asked for a motion to adjourn. Moved, seconded and then approved.
Note: These minutes were approved by the Planning & Zoning Commission meeting on ________.
Jerry Burroughs, Chairman Date