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Min - Planning and Zoning Commission - 1989 - 09/14 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 14, 1989 Commission Members Present: Wayne Armand, Chairman Eileen Karlsruher, Vice -Chairman Harold Biggs, Secretary Melissa Owen Kenneth Fulk Douglas Gallagher John Garcia Commission Members Absent: City Staff Present: Tom Keener, Development Coordinator Sally Leeper, Secretary CALL TO ORDER: The Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Chairman Armand at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes August 24, 1989 (Agenda Item IIl Chairman Armand read the agenda item into the record as follows: "Approve minutes of August 24, 1989, Regular meeting." MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Owen, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of August 24, 1989, as presented. L C' I ALLEN PLANNING & ZONING COM]MISSION SEPTEMBER 14, 1999 PAGE 2 Public Hearing Nonconforming Use Amendment to Comprehensive Zoning Ordinance Agenda Item III) Chairman Armand read the agenda item into the record as follows: "Public Hearing - Consider a recommendation to amend the Comprehensive Zoning Ordinance concerning nonconforming uses." Mr. Tom Keener presented the proposed ordinance change to the Commission and explained the reasons for its being presented for consideration. He discussed the concerns of City Council related to the current ordinance, which states that a nonconforming use could be rebuilt only if no more than 50% of the structure is destroyed by fire or elements uncontrolled by man. The Commission discussed concerns related to redevelopment of the Central Business District from residential to commercial uses.. Chairman Armand opened the public hearing. The following persons spoke regarding the issue. Amanda Beasley, 103 S. Bonham, spoke in favor of the proposed change. She is attempting to purchase a house on S. Cedar. Marcella Baxter, 505 Belmont, requested clarification of the proposed change and the current status. Mr. Keener further explained the issue. Chairman Armand read the exception paragraph proposed to the audience. Chairman Armand closed the public hearing. Commissioner Gallagher discussed the question of whether arson would be covered by the term "fire" since it is an act "controlled" rather than "uncontrolled" by man. Mr. Keener stated that the intent of the CBD is for commercial, multi -family, and office uses, and the intent of this revision is not to take away from this intent. MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Gallagher, the Commission voted 5 FOR and 2 OPPOSED to recommend adoption of the amendment to the Nonconforming Uses section of the Comprehensive Zoning Ordinance to allow for 100% reconstruction of nonconforming residential property if destroyed by fire or elements uncontrolled by man. MAJORITY FINDINGS: 1. The Commission considered the current wording of "uncontrolled by man." 2. The amendment would help people with a need for starter homes. ALLEN PLANNING & ZONING COMMISSION SEPTEMBER 14, 1989 PAGE 3 Public Hearing Nonconforming Use Amendment to Comprehensive Zoning Ordinance (Cont.) MINORITY FINDINGS: Agenda Item III) The action discourages redevelopment of the Central Business District. Commissioners were not convinced that they were not addressing a problem that is with a financial company rather than one of good zoning. ADJOURN: MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Owen, the Commission voted 7 FOR and 0 OPPOSED to adjourn the September 14, 1989, meeting of the Allen Planning & Zoning Commission at 7:55 p.m. C These minutes approved this 28th day of September, 1989. L.la.nN.,r �l 1.,� �aM�dL �' �%Y✓ WB�L.AArmand, Chairman Harold Biggs, etary R