7.3 Zone Cloverdale Annex CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
2/26/01 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 7 AGENDA:
PLANNING & DEVELOPMENT
ITEM DEAN ANDREW
NO. 3, 3a
BY: '~:),A, BY: ~
Item '~
Application #Z01-1, filed by George Goracke, requesting a change in zoning distdct classification from R
(Single-Family Residential) District to I-2 (Light Industrial) District. The property that is the subject of this
application is legally described as Lots 1 & 2, Block 1 plus a tract beginning at the southeast comer of Lot 1
thence the south 60 ft., thence southwesterly 157 ft., thence north 108 ft. and thence east 150 ft. to the point
of beginning in the Cloverdale Annex Addition to the City of Salina, Kansas and is addressed as 1322
Prospect Avenue.
Nature of Current Request
This application was filed in response to a Zoning Violation Notice that was sent to the applicant. The subject
property is currently zoned R (Single-Family Residential) and is occupied by a residential dwelling that is
addressed as 1322 East Prospect and an accessory structure that is also owned and used by the applicant.
The applicant, George Goracke, is a basement contractor and he began storing concrete forms and
chemicals used to treat the concrete forms at the rear of the property. Adjoining residential property owners
complained to City staff about this activity, particularly the storage and use of chemicals. Staff determined
that the outdoor storage and application of chemicals was not legal on residential zoned property and a
Violation Notice was sent to the applicant. His choices were to cease all commercial activity and remove the
forms and chemicals from the site or to seek zoning that would allow that type of activity. The applicant chose
to apply for I-2 zoning.
Contractor's offices are permitted in residential districts as a Home Occupation. However, in residentially
zoned areas contractors are not allowed to have outside employees report to work at their home, nor is the
outdoor storage of materials, equipment or chemicals permitted. The applicant is currently violating both of
these restrictions at this location.
Suitability of the Site for Development Under Existing Zonin.q
This factor deals with whether there are substantial reasons why the subject property has remained vacant
as zoned or cannot be used in accordance with the existing zoning.
The subject property has 150 ft. of frontage on Prospect and is over 300 ft. deep. It is occupied by a single-
family dwelling, a detached two car garage and an accessory building that at one time was a bait shop. Most
of the construction related activity occurs at the rear of the lot and a separate gravel ddveway serves this
area.
The applicant says he wants to be able to store aluminum concrete forms on the property and have someone
live on the premises as a watchperson. Staff is not sure who lives in the dwelling now or who would in the
future but Salina's Zoning Ordinance does not allow for such a mixing of industrial and residential uses on
a lot except in the case of a night watchman.
The question for the City Commission is whether the subject property is more suitable for continued
residential use or conversion to commercial/industrial use. There have not been any new dwelling units
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
2/26101 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
PLANNING & DEVELOPMENT
ITEM DEAN ANDREW
NO.
Page 2 BY: BY:
constructed in this area in the last 10 years but East Prospect, particularly the south side, has been a fairly
stable residential area. The City recently applied for a $425,000 Community Development Block Grant to try
to improve the residential living environment in this area. The applicant's request is to move in the opposite
direction away from the residential.
Character of the Nei.qhborhood
This factor deals with whether the requested I-2 zoning would be compatible with the zoning and uses of
nearby property.
This area east of Ohio contains a mix of commercial, industrial and residential uses. The north side of E.
Prospect contains a mix of R and I-2 zoning with single-family homes intermixed with several contractors'
shops and a mini-storage warehouse (zoned I-2) and an auto body shop (zoned R nonconforming). The
entire south side of E. Prospect, where the applicant's lot is located, is zoned R and used for residential
purposes except for several vacant lots and a plumbing contractor's office and storage yard. A single lot at
1230 E. Prospect was rezoned from R to I-2 in 1991 but remains vacant. The lot at 1408 E. Prospect was
rezoned from R to I-2 in 1999 to allow a plumbing contractor's office. The lots directly west and east of the
applicant's lot contain single-family residences (1310 & 1328 E. Prospect). The applicant's lot is bordered
by railroad tracks on the south. The property directly across the street from the applicant's site is zoned I-2
and contains a mini-storage facility and a grandfathered in auto body shop.
The presence of several large vacant lots, mixture of uses, unpaved streets and proximity to Ohio Street tends
to make the area attractive to small businesses such as contractor's offices and storage facilities. Most
houses within the area, while modest, are well maintained; however, a few are in a substandard condition.
The presence of the small businesses does not appear to constitute a significant adverse impact on the area.
However, the continuing trend of contractor's offices and storage areas moving into this area represents a
threat to the living environment of this area.
If the City Commission approves this request it will basically be creating a narrow island of I-2 zoning along
the south side of Prospect which may not be compatible with adjacent uses. Even though there are other
industrial uses established in the area, such as at the east end of Van Home, none are located on the south
side of Prospect.
Public Facilities and Services
1. Sanitary Sewer - The subject site is served by an 8" plastic sewer line located along Prospect.
2. Water - There is a 6" water main under Prospect which serves this area and is adequate to serve
the proposed use.
3. Storm Drainage - There are no storm sewers in this area and no ditches along Prospect. This area
is very fiat and the drainage is poor. What positive drainage there is moves toward the rear of the
lots on the south side of Prosoect. The closest storm sewer inlets are located in Ohio Street.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
2/26/01 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
PLANNING & DEVELOPMENT
ITEM DEAN ANDREW
NO.
Page 3 BY: BY:
4. Access - Prospect Street has only 35' of right-of-way in this area which does not meet city standards.
The City's Subdivision Regulations require 60'. Also, the paving on Prospect Street ends 450' east
of Ohio and it becomes a narrow gravel street. Farther to the east, Prospect narrows and becomes
a private street with no city right-of-way. Although the condition of the road surface is not good,
Prospect is considered to be an "improved" public street for building permit purposes and is publicly
maintained by City crews.
Conformance with Comprehensive Plan
1. Land Use Map - the Comprehensive Plan shows this site as being appropriate for industrial use.
Rezoning to I-2 Light Industrial would be consistent with this industrial designation and would not
require an amendment to the future land use plan prior to approval of this change.
2. Land Use Plan - In addition to the land use map, the following Commercial Development policies
should be used to guide land use decisions:
C10 Commercial areas should not be allowed to adversely impact adJacent residential areas. Screening
and buffering should be provided, including landscaped setbacks, earth berms and open space.
Commercial operations, including traffic and parking, should not be allowed to affect neighborhood
quality. Noise, safety, and overall maintenance of commercial properties should also be carefully
controlled.
Staff Comments
The Cloverdale area is unique area. It is a neighborhood with its own identity and defined boundaries. It is
unique in that the zoning is predominantly residential but the City's Comprehensive Plan shows the future land
use in this area to be industrial. There are currently 37 homes and 19 businesses in the area. In August of
2000 the City Commission authorized a $425,000 grant application and the expenditure of $427,000 from
local sources to upgrade streets, utilities and housing in this area to improve the living conditions in the
neighborhood.
Staff believes this case is different than the rezoning of 1408 E. Prospect that was approved in 1999. In that
case the dwelling on the property was quite small and not suitable to live in. In this case the dwelling on the
subject property (1322 E. Prospect) is suitable for continued residential use and it is bordered on both sides
by occupied residential dwellings. Staff believes the burden is on the applicant to show that this is no longer
a viable residential property and that operating his basement contracting in this location will not have a
negative impact on adJacent properties.
Plannin.q Commission Recommendation
The Planning Commission conducted a public hearing on this application on February 6, 2001. Following
presentation of the staff report and comments from the applicant and adJacent property owners, the Planning
Commission voted 6-0 to recommend denial of the applicant's request for I-2 zonin,q.
CITY OF SALINA
REQUEST FOR CiTY COMMISSION ACTION DATE TIME
2126101 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
PLANNING & DEVELOPMENT
ITEM DEAN ANDREW
NO.
Page 4 BY: BY:
City Commission Action
The protest period for this application expired on February 20, 2001 and no protest petition has been
received. If the City Commission concurs with the recommendation of the Planning Commission a motion
should be made to deny the applicant's request.
If the City Commission disagrees with the recommendation of the Planning Commission, it may 1) overtum
the Planning Commission and deny this request provided there are four (4) votes in support of such action;
or 2) retum the application to the Planning Commission for reconsideration citing the basis of its disagreement
with the recommendation. If this rezoning request is approved, second reading would be scheduled for March
5, 2001.
Enclosures: Application
Vicinity Map
Excerpt of PC Minutes 2/6/01
0r'd~nance Number' 01-10023
cc: George Goracke
Terry & Connie Picking 1328 E. Prospect
PUBLICATION DATE No Later Than .]'a~lll~ry
HEARING DATE Febguar¥ 6. 200]
VICINITY MAP ATTACHED [O
OWNERSHIP CERTIFICATE RECEIVED
APPLICATION NO.
DATE FILED January 5; 2001
FILING FEE $270.00
RECEIPT NO.
(INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM)
APPLICATION FOR AMENDMENT TO THE
DISTRICT ZONING MAP (REZONING)
Applicant's Name: GEORGE GORACKE
2. Applicant's Address 920 PEARL SALINA,
3. Telephone (Business): 785-827-1031
4. Owner's Name: GEORGE GORACKE
KS
Zip Code: 67401
(Home):785-827-1 031
Owner's Address 920 PEARL SALINA, KS Tip Code:67401
Legal description of property to be rezoned (attach additional sheets if necessary):
Lot{s). 1 & 2 In Block No. 1
In PLUS TR BEG AT SE COR LOT 1 TH S 60 SWLY 157 N 108 E 150 TO ~livision
Metes and bounds description if unplanted (a Surveyor's Certificate must be filed with this application and if approved
will be required to be platted):
7. Approximate street address:1322 PROSPECT AVE. SALINA: KS 67401
8. Area of property (SCl. ft. and/or acres): 1
9. Pre~ent zoning: Rrj Use: D.WELLID?g & WATCH¥__~..~?
10. Requested zomng: I 2 Use:sToR?_-~E OF CO~CRETE FORMS
11. Are there any covenants of record which prohibit the proposed development? (Attach copy): NO
12. Est reasons for this request. (Attach additional sheets if necessary): TO STORE ALUMINUM
13. Supply factual data show ng the effect the request will have on present and future traffic flow, schools, utilities,
refuse collection, surrounding properties, e;c: (Attach additional sheets if necessary) V]~]~¥ LTt4I'PED
T~.~.FFIC T?..~._~ _TS _D_TC~_~ T3~ _q'R'r3~T~A¥ ~EC~I'TT.A~ f/_C)N'PA/t~T'A']~
14. Will there be sufficient off-street parking provided for the requested use? NEED NO OFF STREET PA
Explain: VRRTCJ,RS A~E IN BACK OF LOT
15. List exhibits or plans submitted:
PROPERTY OW~ER(S)
SIGNATURE:
DATE:
APPLICANT'S ~
DATE: /nO
If the applicant is to be represented by legal counsel or an authorized agent, please complete the following so that
correspondence and communications pertaining to this application may be forwarded to the authorized individual
NAME OF REPRESENTATIVE:
ADDRESS: ZIP CODE:
TELEPHONE [Business): AREA CODE:
VVhite - Planning Canary - Inspection Pink - Applicant
(Rev. 8/84) 101
lPl Pa~qF nn MOT riFT&el.I!
J APPLICATION #Z01-1
FILED BY GEORGE GORACKE
R I-2
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PRI ~ AV ~ ,
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VAN HORNE ST . /
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I Inch = 200 Feet
Salina Planning Commission
February 6, 2001
Page 6
MOTI(
Mr. Crawford stated again, I have toured a facilities around the
country and a lot of them mix them, bi is still too big of an age
difference in there between the jun and the high school.
~b asked are other questions? Hearing none is there
an' that would like to speak on this issue? Hearing
none I will lck to the Commission for consideration.
berg Application #CU01-1 using the number
in terms of approving as requested upon finding that
the requirements of Sec. 42-597.21 satisfied including the three
conditions of staff.
SECOND: Mr. Hedges seconded the motion.
VOTE: Motion carded 5-0.
Mr. Morse returned as Acting Chairman.
Application #Z01-1, filed by George Goracke, requesting a change in
zoning district classification from R (Single-Family Residential) District to I-
2 (Light Industrial) District. The property that is the subject of this
application is legally described as Lots I & 2, Block 1 plus a tract beginning
at the southeast comer of Lot 1, thence the south 60 ft., thence
southwesterly 157 ft. thence north 108 ft. and thence east 150 f. to the
point of beginning in the Cloverdale Annex Addition to the City of Salina,
Kansas and is addressed as 1322 Prospect Avenue.
Mr. Morse asked are there any questions of staff?. Dean I do have one and
I don't know if you or Judy should answer it and that is, if you have the
State's approval of that grant, does changing these properties to industrial
anyway jeopardize that grant?
Mr. Andrew stated what occurred with that application is it was, I can't
remember there were five that were funded and we were seventh on the
list. We did not receive funding in the last round, however, they
encouraged us to rework or reconflgure that application and resubmit it.
That decision has not been made yet. The State's concem was that we
were heavy on the infrastructure side of the water, sewer and streets and
not so much on the housing side and they wanted to see us look at putting
a better emphasis on improving the housing stock in this area. So in my
opinion, if we continue to take residential properties and convert them to
business use, eventually this will become predominantly business area as
opposed to residential and I think that we might loose some of our
momentum in fixing this area up, but Judy may have an opinion on that as
well.
Mrs. Brengman stated I have only been back in town about an hour from a
Community Development Block Grant Workshop in regard to the
applications for this coming year. Both in the site visit that we had from the
State Grant Officials and in this workshop it was stressed that the funds are
available under Community Development Block Grants for this kind of
renovation, or rehabilitation or whatever the work that we are talking about
for areas that are going to be helpful for Iow to moderate income families
and that is where we are in a difficult position in this particular area. It is
one of the easiest to define in Salina as being a neighborhood that is of
need, but it is also difficult to balance and to write a grant that shows that it
does predominantly help Iow to moderate income families rather than
businesses, so to answer your question it is somewhat of an issue, but it
really is one of those things that we cannot as staff decide on our own.
Mr. Morse asked are there any additional questions of staff at this time?
Hearing none would the applicant like to comment?
Salina Planning Commission
February 6, 2001
Page 7
George Goncke, 920 Pearl. I went into business about 4 yeah On my
own. Buying a set of forms and everything and in the meantime Inn into
some places hen in Salina and stored our forms and they wen
commemial lots. We have been broken into, we have had things stolen off
of our trucks, it was nothing to lose $1,000 in these bnak-ins and they
would try to steal our trucks and the police nports and having my men
stand around cost me even more money. So when this place come up for
sale, it was an auction, I had about a two week notice.. I sent in the paper
and I went and talked to the auctioneer and asked him about it and he said
it was zoned R and that a lot of the surrounding places were zoned I-2.
Driving down there you could see where there was a lot of activity going on
in people's backyard and stuff so I did get the place bought and I moved
my forms back there. It was about three yeah ago and I haven't been
back there since. I don't think that we have 'bothered anybody while we
been back in there, I have never been approached by anybody, not the
police or anyone. We try to keep the place up nice and tidy as much as we
can. The buckets, the 55 gallons of oil, if they would have gotten close
enough the tops aren't in them. They are for tnsh, we keep our tnsh in
them. Th ey did have form oil in them at one time. What we do now, we
buy what we call a tote, it comes in 275 gallons, it is an aluminum cage,
with poly tank guannteed not to break. And that is the only chemical that
we do store there in the back. If it come to where we couldn't store them,
that wouldn't be any problem, we used to buy them by the five gallon
buckets, take them to the job and use them but we an up to 400 five gallon
buckets a year and that is a lot of buckets to get dd of and dispose of. On
making it look nice I would be Willing to put up any privacy fences that the
neighbon would want us to. I would even put a building up in the back if
that is what the neighbors wanted. I have never been approached by any
of my neighbors telling me anything. I have talked to them a couple of
times about different things you know but I have never been approached
about our business being back there. I was, when we did buy a place I
was going to get it nzoned at the time. Like I said I was in business and I
got busy. I have just been snowed under ever since. And I probably
wouldn't have done this at this time if I wOuldn't have ever gotten the
violation. We are just so busy, but it is time to do it and I do know that.
The person that lives there dght now is my oldest boy. He is 28 years old,
he is a bachelor, he has never been married, he watches the place for us.
We don't charge him any nnt, I don1 think I could get much money for nnt
out of the house. It needs a lot of fixing up. I don't think that you could
move a family in there without putting a lot of work in it and at this time I am
not going to do that because I didn't buy the place to rent I bought the
place for storage in the back is what I did. It goes clear back to the nilroad
tracks, which you can see. There is I-2 dght next door to us. Then an
nsidential properties like you said on each side. So since we have been
back there I have never had anything stolen, I have never had nothing
broken into and no problems that I know of. Are there any questions that
you would like to ask me? On the grant part I was up here a couple of
months ago and I am all for that, the neighborhood gnnt, I told them that I
would do anything I could to help that go through, but it seemed like at the
time there were more people kind of against it than for it and that is one of
the reasons it didn't go through but I am willing to go with that to make it
look just as good as we can.
Mr. Salmon asked why type of chemical, I miSsed that when you said what
type of chemical do you use?
Mr. Goncke stated it is a form oil. This one that we use is EPA approved.
We get it from Midway Wholesale just over then on York Street. But all
form oil after a year has to be EPA approved or you cannot use it.
Mr. Salmon stated so it is just an oil put on then to keep the concrete from
sticking to the form?
Salina Planning Commission
February 6, 2001
Page 8
Mr. Gomcke stated yes you spray it on. We use it all the time and them
are no side effects whatsoever with it. It is not flammable. But like I Said it
comes in 275 gallon tote, we would be willing to go back to the five gallon
buckets and carry it to the job site. We can set our trucks at the loCation,
on the job sites, I would have to have about throe trucks but we run into
problem with that with getting our windows broke, mirrors broke, eggs.
thrown on them, I have never really had anything stolen while they was
sitting on the job site, just you know tom up. And I think that by getting
them away from the kids and stuff at least saving some hassle.
Mr. Hass asked do you park trucks then on this pm perry as well?
Mr. Goracke stated yes I do, I have one truck that we park them. I have
another one that is them that is broke down that I am getting dd of.
Mr. Morse asked what do you use the accessory buildings for now?
Mr. Gomcke stated the detached garage we use that to maintain our
equipment. Oil changes, tune ups and such like that. There is a metal one
them that we keep our blankets in, our conCrete blankets, the other one we
have our windows that we sell to a contractor, we don1 actually sell them,
we buy them through a company and we juSt give them to the contra ctors
and then the bigger building which was the bait shop, we donl have
anything in that. We kind of use that for our own, I have a large family,
relation and stuff and we use that to get ~together for Christmas and stuff
like that. It is heated, it is centre I air and it does have a bathroom and stuff
in it. The men go in and use the bathroom also, it is accessible to them.
Everybody that works for me has a key and can go in that shed.
Mr. Webb asked primarily this property was bought as a residential'
property and has never been used for that since it was purchased. Would
that be a fair statement?
Mr. Gore cke stated my boy has always lived them since we bought the
property.
Mr. Webb asked as far as the activity on the property?
Mr. Gomcke stated yes. I did put a driveway in, I don't know if you can see
it on the pictures or not but there is a driveway, I was going to put some
more rock in but I thought I better wait and see because rock isn't, too
cheap.
Mr. Morse asked am them any other questions of Mr. Gore cke? Hearing
none is them anyone else in attendance that would like to speak to this
application? If so please come forward and state your name and address
please.
Terry Picking, 1328 Prospect. He is talking about storing those forms when
actually he is running a business out of them. They unload and load them
on the trucks all the time. The crew meets back there, them is steady
traffic.
Connie Picking, 1328 Prospect stated they start at 5:30 or 6:00 in the
morning back them with those forms, they are huge aluminum forms, they
~bang, the guys am back them, the forms am in and out. The form oil right
now isn't too bad but this past .summer I couldn't even sit in my yard. And
as for contacting Mr~ Gore cke, I don't even know where he lives, he doesn~
live them. I don't know anything about Mr. Gore cke.
Mr. Picking stated we have lived there for 13 years.
Salina Planning Commission
February 6, 2001
Page 9
Mrs. Picking stated and when we bought the house, we bought it 3 years
ago, just a few months before he bought this one but we have lived there
for 13 years. It has been a nice place and I was all for trying to get the
neighborhood straightened out, get those streets paved. Now we are
turning it back into a commercial area. I am really upset about it, we
thOUght it was going to be a nice quite neighborhood.
Mr. Picking stated and that roofing company they put in down at the end
and that plumbing company he is talking about you wouldn't believe the
traffic that put on our road too.
Mrs. Picking stated there is an electrical company there too. We have pot
holes in our street dght now, my white car is brown dght now because we
have pot holes two feet wide and a foot deep from all these commercial
vehicles going back and forth, back and forth all day long. We have three
businesses to the east of us, I am not sure how many are. to the west of us,
but like he said there are 19 businesses on those three streets. And I am
just tired of it.
Mr. Picking asked that little spot dght there is the only spot that is left, it is
all residential in a few, are you going to break that up too? If you do that
we will have to sell and move out.
Mrs. Picking stated the whole area could be a nice residential area. If we
would stop getting all these businesses coming in.
Mr. Picking stated the only way I would consider it is with a barder Or sound
wall or something you know what I mean to keep the noise down and a guy
didnl have to look at it or smell, know what I mean?
Mrs. Picking stated the form oil this past summer was really bad, he says it
is EPA approved but you know I know there are probably regulations about
things that are EPA approved. I don't know what it is made of it is some
kind of Oil based matedal and it is terrible and it stinks and they have 50
gallon drums back there, he says they are empty now, maybe they are but I
know this past summer they were not. And they have to use it all the time.
I object to turning it back into a commercial area. We would like to try and
keep the neighborhood residential. I don~ know about the neighbors on
the other side but we would like to see it stay residential.
Mr. Morse stated I am headng a confliction on what you are' saying.
Mrs. Picking stated why is that?
Mr. Morse stated I thought I heard Mr. Picking say if there were some
controls on it chemical controls, some fencing, probably some hours of
operation or something like that, that there may be a compromise that
could work out here and I am hearing you say not.
Mrs. Picking stated it is still not going to be storage, it is still going to be
them actually there, they have to come there every single day to get the
forms. Now maybe if it were going to be just storage I wouldn't be so upset
about it, that is his opinion. I don't want another business next door to me
at all. I don't care what they do. He is not too much opposed to it, he
thinks if it is controlled, but to me I just see the neighborhood steadily
t~urning into a business district instead of residential.
Mr. Picking said once that viaduct goes up what is going to happen to it
then.
Mrs. Picking stated yes I am worried about my property values then and
the road looks terdble and another business would just make it worse. He
is ok with having it controlled, I am not with having another business in this
Salina Planning Commission
February 6, 2001
Page 10
area. Nothing personal to Mr. Gomcke, I just don't want to live next door to
a concrete company.
Mr. Morse asked am there any questions of the Picking's at this time?
Thank you very much.
Mr. Andrew stated one thing that might need some clarification and it
certainly came up when we were looking at this grent application is the
status of Prospect and it a very confusihg situation in that there is a large
portion of Prospect that is not city dght of way it is actually owned by the
property owners on the south side of Prospect subject to an easement but
we have traditionally maintained that, done the snow removal, done
applications of grovel, done grading even though it is not a public right-of-
way we have treated it like an improved public street. But that is one thing
that I think Judy and I can testify to that when we were doing our
neighborhood walk through and when we were doing the site visit with the
officials from the state that as we increase the I-2 zoning as we have mom
and more contre ctors locating that area we introduce more and more truck
traffic, most of it is pickup trucks but contractor related that often make
numerous tdps in and out of this area dudng the day and of course that is
one thing that we were trying to address through the grent application is to
get right-of-way to tum this into mai paved streets to eliminate the dust and
post hole problems but as Judy noted, as if the trend is to make this a
business ama then pretty soon we won't have enough Iow and moderate
income families living there to be beneficiaries of such a thing. The State is
not going to grant us money to improve a business ama but they will grant
us money to improve a neighborhood that has Iow and modere te income
residents. So that is the fine line for us in terms of the business versus the
residential side of things. Prospect is a difficult challenge and the grant
application would have been a great opportunity for us to get right-of-way,
to get a real street in there and so it remains to be see whether we will
reapply, but leaving Prospect as it is today is not a good situation for the
city or for the residents.
Mr. Salmon asked Dean in other words we.will eventually need to make a
determination about whether it will be I-2 or residential, the whole area, is
that correct?
Mr. Andrew stated yes. These situations come up kind of incrementally bit
by bit believe it or not, in 1979 that entire map was yellow, the Planning
Commission in 1979 determined that the entire ama should be zoned
residential and if there was anything existing them of a business nature it
would be grandfathemd in. But what has occurred is just incrementally
people coming in and rezoning this piece for I-2 and this vacant piece for I-
2 and converting this home to a business which by and large everybody
seems to co-exist pretty well but in Mr. Goracke's case we did not require
screening or we did not require fences to be installed because we didn't
know that he was there, it was zoned residential, we assumed that the
property was being used for residential purposes until we got to that back
area and received some complaints we didn't know that them was a
business operating in this location. As a matter of fact in our reports to the
state we classified this as a residential property. So there wasn~ an
opportunity to direct Mr. Gomcke that you need to put upa screening fence
or do this or that because we didn't know that he was operating in this
location. So the violation notice went out.
'- Mr. Morse asked Dean how much of that I-2 around them is vacant or is
any of it?
Mr. Andrew stated the other one on Prospect that is just to the west of hem
this is vacant, it is not used for any purpose at all. We have a mini storage
facility here.
Salina Planning Commission
February 6, 2001
Page 11
rMm · Picking stated that is not true, there is an electdc company that is in
that one.
Mr. Andrew stated some of the businesses we actually have the Piper
Body shop, it is in residentially zoned pm perry but it was gm ndfathered in
because it was there before 1980 but them am a few vacant I-2 tm cts. We
have one down at the end of Van Home that we rezoned recently. There
was never any house there but it is a big mess and we am going to have to
deal with it so the big advantage of I-2 zoning is.that it allows oUtdoor
storage and the people that have I-2 zoning use that to the maximum in
terms of utilizing that outdoor storage.
Mr. Morse asked is them any violation by Mr. Goracke parking his truck in
the yard and that in R-27
Mr. Andrew stated just about 'everything if you looked at it from the mental
picture on Prospect, everything is fine, it looks like any other residential
pm perry on the street. Almost everything that is in the other four pictures is
a violation of the currant R zoning of the property. It was zoned R when it
was pumhased four years ago them is still a dwelling on the property that
was lived in and we had for our grant purposes classified this as a
residential pm petty so if YOu rezone this to I-2, the parking the storage of
forms, all those things would be legal activities, the only thing that might be
a question is whether some additional screening or other limitations might
need to be put in place. Essentially what is them today is operating as if it
were zOned I-2, it is not zoned I-2 today.
Mr. Morse asked looking at that middle photo where do his trucks go to get
to the back of the lot for the forms?
Mr. Andrew stated there is a driveway that you can't see very well I think it
is along this side of the bait shop and it goes from Prospect straight back
past the bait shop and into this rear area.
Mr. Goracke stated back on Van Home and come down.
Mr. Morse asked is that next door to the Pickings?
Mr. Andrew stated yes.
Mr. Morse asked just for my orientation that red building is that yours?
Mrs. Picking stated no we are on the other side, the east side. And from
my back yard'that is what I see when I go out into my back yard.
Mr. Morse asked is anyone else present that would like to comment?
Headng none let's bring it back to the Planning Commission for discussion
and action.
Mr. Webb stated my thoughts On this is that 20 years ago this entire area
was a residential ama and it has been eroded by some industrial zoning
and the character of the neighborhood has completely changed but and I
don't agree with that. I think that it is a unique area and probably always
should have been a residential area and a unique residential area and I
think that the only and we may never ever have a chance to revert back to
a completely residential area but we certainly are never going to have the
~chance if we continue to rezone into the I-2 and I would favor keeping this
property as residential area and that is my view.
Mr. Morse stated I tend to agree with you and a couple of thoughts maybe
in addition to that and that is I commend the staff for being out and fighting
these violations, it is always tough to Iook at a rezone, an after the fact
rezone for me. When the property is bought as residential the owner
Salina Planning Commission
February 6, 2001
Page12
knows it is residential and it has been industrially used for three years it is
hard in my mind to say well that is ok then you made it industrial.
Mr. Webb stated I agree and the Other concern I have once it goes to I-2,
Dean you might correct me if I am wrOng, that once it goes to an I-2 that
restrictions as far as building setbacks and those completely change so
you could be up against the property line.
Mr. Andrew stated yes you can be up against the property line-with
buildings.
Mr. Webb stated and that really infringes on the people that have already
made their investment into their homes and that really degrades the'
neighborhood then I think.
Mr. Salmon asked where the red building, I think it is a red building, is that
an occupied residence?
Mr. Andrew stated there is a detached garage there. This is a residence
and this is a garage and this is to the west on Prospect. The People that
are here today are over on that side.
MOTION:
SECOND:
VOTE:
Mr. Hertzenberg stated I can appreciate why Mr. Goracke would see this
as an attractive place to store forms because it is secluded and out of the
way and pretty well contained. I can also appreciate when the forms are
left out in other locations they can get stolen quite frequently and it is an
expensive proposition. I think the other side of it though is again it is zoned
for residential use and clearly the activities that are occurring there have
been an imposition for the neighbors so I would probably lean towards
keeping it at its current zoning.
Mr. Hedges moved to deny Application #Z01-1 primarily this is a residential
neighborhood and I would support keeping that property residential.
Mr. Hass seconded the motion.
Motion carded 6-0.
Mr. Andrew stated just for the benefit of the Picking's and Mr. Goracke this
is a recommendation from the Planning Commission to the
Commission if Mr. Goracke chooses he can appeal that
to the City Commission or accept the findings of the Planning Cot
but there is a possibility that if he wishes to take it to the
he can.
Mr. Picking asked we will be notified right?
Mr. Andrew stated you will be up.
want the City Commission to
tract
Shelter
#CP00-3, by Wilco Addition, requesting approval of a
Addition, a 6 lot subdivision of a 49.13 acre
Iorth side of State Street west of the old City Animal
Continued from January 2, 2001.
asked is there an a )resent?
~Mr. Andrew stated I don't believe there think there is an interested
neighboring property owner. We apologize dragging this back to
you. We have run into a situation here even where most of
the issues on this revolve around two things. One the applicant
Lonnie Wilson has not retained the services of a r lineer or
at least authorized that person to work with staff on some of the