HomeMy WebLinkAboutMinutesAGENDA ITB1~ 0. 5: 89-?01: ~ Fab~~ hearing on the queatign ~f
g~satn~ a C~nd~. Tonal Use Permit -fdr an addition to the existing
~~ta Tau AZph~ Sorority h~u~e l~~~te at 1~4~3 Athens..: App icamt
i~ Robert Cun~in~ha~ ~ asso~iat~s~ I:nc. Owner is Zeta Tau Alpha
Fro€+~rnt~ H~u~inig Corg~~ati~n~
Mrs. Kee explained the request and fade ~ slide presentation of the e~c~tin~
faeilit~, the location of the prngosed addition and area uses. She explained the.
charge to the ~c~issinn ~~ listed -in the honing Qrdinanee, referred t~ the P.R.C.
report and. explained that all ~c~n~it~.o~s listed on" -that .:report have been included on
the revised plan sub~itted for cansideretion at this meetin,~, and that the:P.R.C. had
recommended agprQCru,~. of the request ~zth those Conditions.
She added that of the 14 area grepert~ o~ners receiving notification of this request,
she onl3~ -had one response rho expressed concern re~ardi~~ gos~ible additional tra:~i`ic
in the area and re~eval of trees.
The public hearing cans epened. Ju~:ia Be~af~rt of Dallas, Teas cane for~ard .and
identified herself as a regresentat ire off` the architect, Robert ~unnin~ham &
Associates. She explained the reason ~'or this addition to the facilt~r ~s that a.ll
Greek housing must have a meeting roam, She added that the trees Which are heim~
removed for the project are`aetusll~ dvi~~ now, according to a local lands~apin~
firm. She stated .:that all -requirements listed by the P.R.C. have been met, and she
would re~gactfu~.l~,~ request approval of the Conditional t1~e Permit and site' plan
submitted.
Mr. Esmond: asked h~ the drive~,~ay c~as being ~o~Ted and ahe replied that motiFng it
sli~'h~ly anahled an increased number oi' par~Cin~ spaces, altho~~h nn additional
members are being added to this chag~er.
Mr. Moore asked ghat alternative to :the ~pr~inkler system is being used and Mrs. fee
replied that upon additional investi~at~Cn, staff discovered it had miscalculated t-.he
total. squire ~oota~e of the structure, ~.nd upon recalculation., found a sprinkler
system will not be required to meet. all relatone aid codes.
Mr. Esmond made a motion tc approve .:Case number 8~--701. Mr: Michel seeon~ied tn,e
motion which oarried unanimousl~r ~S-o} .
AGBNDA ITEM ~. 6: 9-?42 ~ p~ta~~.~ hearing on the question of
granting a Gc~~iti~hal tJae ~er~it gar fraternity ha~uae to be
1o~ated in an exi~tio~'re~i~n~e a 4~ ~antclair. Apgloant is
Sia Alpha u frdt~rnt~ ~e~ of the grQgert~ is south~~te ~~
ltd.
Mrs. I~ee began her slide presentation and staff report, ncludn~ the location of the
house being requested to be used as a i'rsternit~ house, the physical features cf the
.ot, area zoning aid land uses.. the e~plai~ed that the rear p~~tian of this lot had,
rece ivied a use permit lit sprang fir a park ink lc~t f o~• Mr . Loupot , but since the
site plan for development of the lot was never submitted for consideration to the
Co~amissian, the use per~it has since expired. the stated that although this
particular lot is coned ~--~, this l.:et and the area to the east, south and west are
reflected a~:~.~~.~ens_it residential on the a~:opted Land t3se Phan, pith the area to
the ~th~ beir~ ref'lecte~~ .~ erc~.al .
F ~ ~:
_A ,~'
.~ Minutes 4-~-~~ Pale 3
She gaint~d vut the P.FtC. revie~ed this pr~d~al-on ~-22-~~, and had several
comments, aid the site ply under co~~sideration with the use permit at this meetin,~
will require compliance orvarian~es t4 certain codes. the infor~ed the cc~m~is~ian
that the St~uctur~a~. Standards ~oa~d had eohsi~ered variances to the requirements of
:the ~uld~.n~ code rel.abive tQ the use of tae single fam~.l~ d~ae~.lin~ as an apartment,
and fcr the Fire hydrarr~ requi're~ent at ~. ~eetin~ he~.d earlier phis afternnnn, r~ith
the-result being that the Structural Standards Bard granted the request f~r~ the
status of the structure to remain th~.t ~f a sir~~'~.e fat~il~ d~el~.in,~ pith ~ ~~esrents
instead of reclassif~in it to a dor~~.t~~~ ~r ~,p~rtn~eht ~las~ifieat~~on, ~,~h~:ch crnuld
have required certain up~'r~din.;~ to brim it i~t~ compl i~ance pith that part ~.eular
cede ...
Mr. dresser asked. if the tr~.ctural Standards oa~d hid ~~•an~ed a variance to allow ~
related pee~le to live in this house aid Mrs. $a~ks clarified b~ explaining that
ghat had actu~ll~ been ~ra~ted was ~ ~ar~.az~~e t~ ~~:~.~~' t~.e status of the structure to
regain single lily with ~ residents allowed:g and .that ruling ~c~uld have nothin,~ to
do with ar~~r Zenin~ re~;ulato~. She .added ghat hid the Beard changed the status of
the.structur~ tc that of an apart~ent, ~ert~in u~~radin~ requiring a building hermit
would have been required, a~d...with t~.e a~plca~:~on fir a building permz~, the
requi~°e~ent for an addit~.ona~. f~.re hydrant wou~.d have..been tr~.~~ered.
Mrs. fee cor~~a.nued her Muff repc~~~ ~~ a~;pl~~~n~ that the Commission has the
autho~~ity under. the ~.se permit to consider the eApi~a~t's appeal. of the Gtr
En~ineer~~ de~i~ior~ that the ~arkin~ sgaces hay=e an all ~~ea~he~ surface, b~,~t the
variance. to the island ~nd~or parking requi~em:~~~ts ~~~.1 ~ have ~o be cons ide~•ed b~= the
`~oz~in~ Board of ~djust~aeni~
She then referred to a €~ocu~ent s~b~~.tted ~~~th ~:~ appl,~:a~zen fo~• ~ use permzt ~.r~
which dir. Loapot grunted pe~•m~.ss~n ~o use his pa~•kin lit ~'ur nverf ~~~~1 pa~~ki~~ from
`~ ~. m e to `~ ~. ~. se~r~en dad n peek ~ ~d gointe~ out ~:ha~ drat i 1. Mr. ~~o~.po¢ nos s
current Condtidnal Ise Permit, he has n~ ~.ut~orit~p to uss~n parking to the
fratern~t,~r. She stated that s~af~' hay het ~itn the propert~r owner's repres~er~tat~.~e,
and hay the understands thht ~ ~. i ~. i~ t ~ ~°o~-~.de ~cccss to the ~ar~zn~ s~.~:es
requ~.red fdr this fac~.l,i~~ t~ sa#;i~~°~x czt~~ cede m
Mrs.. fee then reminded tho caissisners of the ~hs.r~e when considering condzt~.onal
~Jse Por•mzts, ~~d €~ffered to an~~~er and= q~estl~r~s.
Mx'.- Dresse~• eked. i~ there -is new asghal.t in the ~~rk~n dot arid. ors . fee re~~. red
that. there iep that it has bee~a aF~~~.ed b~.= fir. t~ou.~ot.
Mrs. Sawtelle then read: ~ letters received f~o~ area. residents e~pressin~ op~aosition
to this neque~t, those being ro Mrs. ~~ ~. hunt i Sr. , d ~~n ~ claud~.~e ~a~c=.is .
ezx~ts of ~ppc~s~.tien were ~.s folios;
M~.h. ~ Mrs. ~a~=is: lneree~e no~.se, trash;; pessl.bie frequent parties lzi ~. qu~.et
nei~hberhood aid ~~lose} ~~o~~.it~ beta=ee their house end pr~~gsed fratern~.ty
house. ~uestibned val~ze ol` ~onz.n~ a.f s. use dike this is ~~.~.owed in a quiet 9
residential ne~hberhoed*
hrs. ~. L. Hunt, Sr. lncren.sed noi~e~ negative ~.~npact nn parking on tl~e
street, ttclo~in~~4 of traf~'ic, limiting access to em~r~enc~ service vehicles s
~:ntrusicn irate a res~.denti~~. ne~.hborhood ~:~~ re~d~= to con~F~rt .into mul~:i_~'ar~~.l~.r~
~.nd cone~-c~.al.
P~:~ ~ notes ~~.~.~..8~ Pa~'e ~
ri -~
~.
a ,trim. c~~re--dear lease ~n the hc~~~e. ~e ev~l~ined the ar~n is in trans~.tien, and
most of the properties in theneihborhaod ~.re rental properties to students because
of the close proximity to the c:ampu~~~ He Mated the noise from this frate~nit~r and
its funetc~n~ will dot be :any ~reate~ than that from 4 pac~p~e, end if complaints from
the neighborhood are filed, his company as ~mana~ers willt~y ~o stop ~vhate~erthe
problems ark.
Mr. Jones. went ~n to stated that at nn ~fte~nQ€~n meeting of the Structural standards
Board on thie d~.te ~~varian~cew~s granted fir the continued use of this propert~~ as a
single family. dwelling, with certain condition; , e. li fire extnishers arsd ll
smoke detectors. H~ added that each bedroom has ~n outside exit, which males the
hose verb uniq~.e and much safer than most res~.dential dwellings.
Mr. Michel asked caho will be respon~b~.e fon the construction of the privacy fence
and r
I'~ M .Jones::s-aid that he thinks the fratern~.t T
Y w~Il c~nstr~ct it since they
su~~ested it. He said that if thin commission-want to it could made the c~t~~~dition
of approval be that the fence gust be at feast ~` feet in hei ht add~.n that;
~ r ~
screening ~ence~ dc~ help buffos. sound, althoh he really does not believe ~~~ise will
be a prob em.
Mr. Ilresser referred to the letter ~~=hioh refers to the lk~lihaod of thzs area
beeomin~ r~ul~ti~-family end co~er~ial, brut that it ~ nct at the oi~t now. Ke then
P
asked Mr. Janes what his estimate of the time frame for transition is. Mr. Jones
replied that he really does nc~t have a feel fir that nova, but he is aware cf certain
in~~estors who ha~re discussed .the pos~iblit~ of enl.ar~io~ thz~ house to accon~rnc~date a
lamer n~nber o~ pepple d He ~~rent on to explain that this t~~pe of in~testmez~t is nova
better than deve~.opment of ray land due to the tax laws recently put into effect.
Mr. Esmond then re~`~rred to the note from Mr. Loupot which ~r~ants the use of the
'~parki~a~ lo~~~ to this group,- and asked h4~a that will.. affect this fratern~.~:y s~.n~:e
apparent~.~ Mr, - ~oup~t dons nit ha~~e the authority to grant this use. r. .:~ene~
explained that Mr. Loapot is aniy a~reei~ tb.at the fratern~.ty can hse his par~.n~
lot... for e~renin~ parties, erd that the cavenants actu~~.~.y did came f~~om the
partnership and included Mr. ~c~up~t~s a~eeme~t, since certain easements were ~rax~ted
to fir. Lcupot der parki~~
Mr. Esmond. asked r~ Jones what his ~incn of the.- f'hihest .and best u~e'° off` this
property would be and Mr. ~`c~es replied that h~ 'thinks the proposal ender
consideration is ~nst that.
Mr. Moore awed I~r. Jones if e ~enerall: has any knowledge about what affects ± he
changes oz~ the ca~tpus ~~ill have on the economics of .the area, and r. Jones rep~.ied
that: in the .:past,, discussion has taken place concerning the co~struct~.on of perhaps a
dormitory or even a ankin~ ~ar~~e e~ this side of the opus a but wha~e~-e~ ~~appen~,
he thinks the area gill continually ~han~e and additional traffic will bec~~me a
prable~ all over torn, and not confined to on~.y this area. ~e added that he believes
the city should eatrict pe;rkn~ on small streets which ~.ne close to the campus.
Shaw ~lfson, 2 Hi~hlar~d came forward t~ speak in opposition citiz~~ newti~te
impact o~ a ne~:~hborhood where resident p~ope~t~T o~3ner h~'~'e ingested s great
deal of n~~ey uprndin~ their homes ~ the prebabl~ loss of historical
siifeance o~ the area ~~~ith this type o encroachment, and the desire l`or
retention cat t.e ~.p~~oved ~:nd intended ~s~ as s n~le farm ly res ident iai. as
reasons f~~ hip ~ppo~itiont
~e gent on to ~,-pint oft that ~a~:lt_. 'fir. ~ou.pot has leap ~_:~~~ the ~'parkn~ l~at`` ~ zt
~'~Z Minn.tes 4-~-~~ P~~e ~
f o
u
is his understanding the Mr ~oupot haa, in turn, leased out spaces to several
area businesses, and nog to the fraternity=, and he wondered hod many: times that
can be done. He aaid that he knows.. the bookstore creates heavy traff~~c for a
short period of time ~nl Mice a dear, but if parties are to_be held. on
weekends, he panted to point out. the bookstore is alto opened on c~eel~ends . He
said thee. alley--is alread~r overflowing ~~ith traffic: and: parked .:cars, axed this
could create an even worse situation.
He then addressed additional noise from parties Which could be very disruptive
nvt only to the neighborhood, but specifically to Mr. ~: Mrs.. Davis who are both
very old, snd apparently not very well.
Jacqueline Ashton ~alde~k, ~l5 ~i~hlands game for~aard to vice opposition to
this request citing additional noise, generally-poor upkeep of rental property
in the nei~hborhoad,..ntruson into 'an historical heritage of the area,
additional pedestrian and vehicular traffic into an already troubled area, and
deterioration of ne~hbarhood safetyr caused from additional activities which
v~ould brim many. additional people to the-area.
She Mated that many.. homeowners have ingested lame a~mnunts of time and money in
preserving and up~'radin~ these homes Which have historical significance, ..and she
would think the city officials should be encouraging and ~upp~rting the
renovation of these cold, historical homes, and the herte of the. community.
Mrs. Waldeck then voiced a complaint as to the extent of notification. given to
the homeowners in the area, pointing but that many of the concerned residents
onl~r became ac~are of this proposal at ~ date tQO late to adequately make
proVisi~ns to attend the m~etn~ and theb requested that the Commission
postpone a decision ~.ntil a later date to give other area residents a chance to
come before the Commission to make their concerns heard.
I~rs. sawtelle e~plain~d haw notification i~..made and pointed out the distance and
time frame of notification is governed by Mate Statutes, Mrs. fee then explained
the appeal process which ~ar~ b~ filed b t~~~ ~~grie~red party,':. Mrs. Sawtelle then
explained that. because the requirements of the lo~~ had been met regardi ~
notifcatisn, unless this G:ommissit~n disoove~~ other reasons for postpsnin;~ this
decision, she can-.see nfl reasan to do so. .
ors . Waldeck then spoke of .the negate impact of additional traffic created by
a fraternity house; not- only i'rom .:the residents, but frog the visitors at all
times, including for parties. She paid this additional traffic is a potentially
sereus hazard.
Mrs. sawtelle then explained that :all factors presented at this .meeting wi~.l be
considered when making a decision, and then explained that although this Commission
has no control .over on--st~x°eet par~in~ in this area or an~r other area, it can make
cure the ~ ituat ion is cal~.ed to the anent oo of the cit~r eff icials.
Harrison Herth, ~~~ Fairview came forward and addressed opposition to this
request due to`the probable increased traffic on the already problem Montclair,
and the lack of ample r~o~ fob a~ergency vehicles due t~ on-street parking.
Jake Henni,~an, 40~ Timber came foard, and ...stated: that although he does not
live within. the 2oQ foot.notificatzon area, he does consider himself a resident
of the neighborhood. He complimented the city for helping to establish
~~:`raternit~ or 'tGree~t.`~ areas .for these t;~p,4=~s cf uses, but st~T~~ed he opposes a
PS:Z- (~ina.tes 4-~-89 Fage `~
t' e ~
request of this mature in a single fatly residential area because he thinks
. ~rantin~ aggroval for one wduld set a bad precedent Which could be yore serious
than s im~l~ cons ierin~ ane s~ma~. l hoes ~.n~ urea.
Nor. Brae.... main game .forward. pith the Hoar ~lan~ which he used to illustrate how
this particular house lends itself tc~ the use being ~re~o~ed. ~~ said that any.
perties held would be kept s~a~.l, with .the lamer ones tc be limited. Also, he said
the parking lot can only be used by the fraternity Pram 7 pm, to 7 a.m., at which
time the boo stone is closed, He pointed aut haw weld maintained both the e~teriar
df the st~•uctur~ aid the landsc~pin~ is kepi at other fraternity laeatians,, and
stated.; that is the nature of real fraternity; i.e., Pride in its location. He .said
the dense shrubbery between this ~truct~are and the adjacent residence should pra~,ride
enough screening, but .the local fraternity chapter would agree to the fence to the
rear.
No tans else spoke. The. public hearing was closed. hrs. Sa~telle then ~~a~ted that
the spirit of the ordinance is t~ protest the inte~rit~ ~f reside~tia.l. areas, and in
order ta`~aintain the spirit of the ordinance in this gart~.cular muter, seriau~
consideration should be liven to the request and the possible impact it would have.
Discus~ian followed as to whir a conditiore:l use permit is required since the area is
alread~r paned R-6, pith stiff ~~plaini~~ for clarificatia~~.
dir. Esmond then pointed cut that this specific ~•equest is not only. for approval of
the request, beat approval bf the request without mee~i~~ the conditiohs and
requirements set forth ~~ the Project Re~aiew committee. Nor. ~;sm~nd then read Pram
the. waning erdzance the seetion~s} which apply to ~`~r~ternity aa~d Sorority Howes,
and said that he thinks that addresses anal eV~l sins a~aAin exactly ghat Mrs . Sawtelle
had statod in .her ca.ut ion to the ~ommi~s ion. He then said t~~~.t Mr . Jones had already
expressed his reluctance to_ do busin~s~ ~~vith this ~rau.p until he had met tl:~e national
representati~=e~~~, and this ~o~issian has not had that aFpartunit~j He said ghat
many of the resident p~ope~ty o~•~ners have spoke against this request, and he Zs mare
inclined to rule in fa~cr of the o~~aer of a propert~r than ~~ith a rez3ta.l ~a~nu~er. He
added that as a parent, he ~,~o~.ld .not like to have his ~hiTd live in a : s~zb--;standard
.house, and thinks this ~a~iss~~.~~~ ~ha~ald sgg~.~r ~.ts hi~he~t standards t~ an~~r dec~.sian
made.. He went an to sa~r that the reference made to turning this in~a another
Nor.th~ate e~cemplifes -that the --~ zoning district. re~ulatians a.re too laase, ..,and ~~e
is not all fay=arable to~ard ~vai~n~ the pavi:n requ~.re~aents of the parkxn~ area. In
addition tc~ ail this narrative, he is got at x.11 inclined to support this request.
Nor. Dresser complimented Mr, Bro~,~ .and the rep~esentativies and friends of the
fraternit~.T in attendance ~t this meet~.n,~ ~n their behavior -..and presentation of the
request, but stated that this par~icul.ar part ai' town often comes before t~hi~, lady
kith request for changes which ~auld have ne~ati~e impact ot~ the ~:~.arac~er of the
nei~hborn~aad, and he has a1wa3~#~ irgted a~ai.nst the p~aposed changes. In that, he said.
he is zn agreement with Mrs l Hunt ~ than is, the tune for. change ire this area has not
yet arrived. He said he thinks the city benefits are in keeping the area ~~in~le
family residential and that the ~r~~~sal ~~oul i~~deed be detrimental to the health,
~,~elfare and safety of the residents, adding that he does believe the bad, conditions
Which eVst ~hauld a~s~ be changed. He stated that he would have to vats against
this request.but ~ d~.d want t~ compliment the group and wish them well. in future
attempts to lecate houain,
P&Z Minute ~ ~-w--8~ Pale ~
~` ~'
Mr. Mieh~l explained that norm~all when this Cammssian considers a canditianal use
permit request them is verb= little respans~ frc~~ urea residents, sa he ~.~
particul.ar~l~ waved b~ the res~:dent~ from this area ~ha either task the tine to write,
or even t~ appear and spew i~~ person in app~sita~~ to this r~~uest. He also
~amplimented Mr. gown., ~ddin~ that he indeed is a credit to the ~duth of tree ~.rea~,
and ~.t is :a shame fir fine people Ii~e r. Brawn and his gaup to have to bear the
burden ~f his ne~~ative ~c~~e, but in this par~icn].ar ~.nstance, he feels he must vote
against the reque~~.
Mrs. Deis sg~ke of h~~v the students benefit the city, atated she disagrees with. mast
of the ne~`ative discussion ~f fraternities because she thinks as a wholefraternities
and this fraternity appear to be ups~andn~ ~aung people. She said she does nat
think _parkin~ would be ~npact~ b~= this establish, because in an area which ~.s
already full, additional. impact ~. impcssibl.e. She said she does fear the
passibility of poor upkoe ~f the ~=ard ~~~d haute, but d~~~ :not think this fr~.ternit~
house would cause- an~~tcre p!rablems than the smell rental hnit~ which .are a~.read~r
there. She stated that ~.f this request dae~ het approved, she thinks the screening
fence would be appreprate Shy then said that she has nit y=et made up~ her mind as
to haw she gill ~Tete when ~ motic~~~ is made.
r. Maere laid he ~ua~ a~s~ ~rery f~.vorabl~ impressed Faith the presentation made bar Mr.
~ra~n, ~.nd really had a queatian as to whether this prop~rt~ would die an~r t~~e gorse
off by the addition of o~l~.~ ? people :~i~r~n~ in it, and just because it i~ d
fraternity doffs nit necessarily mein it wild. be bs.d.: He then said that p~rs~anai~.~,= he
would be inclined to ~'o elan ~,~~.th allowi~~ fr~.ternzt~.T house ~t this ~.a~;a~,ian far
anl~ ale year, but he ~.~ charged with. li~tebin~ to the area prapert~r o~,rr~ers w~~a wa~~t
to keep this ~ s~.~~le fa~zly res.identiai dren, and he has came to the con~:~.us~.an that
the '.time is just not right ~`o~° lacatiu ~. fraternit~T house at 2~0 P~an~;c~.a.~.r, He saa.d
he wou~:d have to vote ~~ai~st this re~ue~t ncw.
hrs. Sawtelle stated she world ~,ik~ tc e~hc~ ether t?i~I~~.Sio~~er~ in the~.r ~;o~~p~.in~ents
to Mr. Brawn and his ~ro~pg and then eupl~ined a~a.n e~act~.~~ ~~=hit th~.~ Ca ~ ~.ss~.an i~
charged ~~ith can~~.d~ri~. when ma~~n~ ~ dec~.sian.
r. ~s~a~d .then off'e~ed a motion to den~.r this regn.est ;case ~?u~ber 8~--?a7 ~ . l~r .
Michel seconded the mot~.~n Which parried b~= a ~a~e of ~-~. ~:Dav~.s a~alnst} .
~~EHD~ ICE ? ~`9- ~'i~~l. I~t -East ~Pas~ ua mess
Park...
I~r~. Callaway- e~p~:ained the p~.at, Mated that, all S ri,~r~iub~.L~~ion ~an~erenCe vandl$~.an~
had bash met on the reviled plat hein~ considered at phis meet~.n~ with the evt~eptlOZl
of ite~ ~3. on that report co~,rerin~ the ''~°0 fait Public ~~#r~.~:~.t= Ea~emen~:" ~ Ike fainted
out the- re~jised p~.at ir~eludes n t42Q fast Electrical Eas~me~t", and deferred to the
pity Engineer for eddit~on~. information.
Mr. Pullen camp forward and e~p~.ained that the request ~.s made far a "pub ~ is ut ~ l ~.t~=
easement'! s~ more that e.ectria ~er~7l~e cap he sccanm~adated in the easement if
necessary. Mr. E~mapd asked ~.~ teat same t~~pe a~ad width easement would be ~~equired
ors future plats ~.~ that area and Mr. ~'ullen replied ~~ the affirmative, and exp~.azx~ed
the reasons.
Mr. i~resser .made a ~iation to apra~Te this plat pith l'resubmi.ssian ~anfere~acE;
conditions. ~. N~aore secohded the ~not~.~~~ which carried ~n~.n~.mausl~ ~~-~; .
FEZ l~ia~utes 4-~-~-~~ Pale ~