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City of Homer
Planning & Zoning Telephone (907)
235-3106
491 East Pioneer Avenue Fax (907) 235-3118
Homer, Alaska 99603-7645 E-mail Planning@ci.homer.ak.us
Web
Site www.ci.homer.ak.us
M E M O R A N D U M
06-206
TO: MAYOR HORNADAY AND HOMER CITY COUNCIL
THRU: WALT WREDE, CITY MANAGER
FROM: BETH MCKIBBEN, CITY PLANNER
DATE: December 4, 2006
SUBJECT: Request
to extend the General Commercial 1 to include the replated portion of the
western portion of Oscar Munson Subdivision No. 4. Lot 2A-1.
It has come to my attention that addition information regarding the proposed rezone has been requested by the City Council.
The applicant has requested a rezone of the western portion of Lot 2A-1 Oscar Munson Subdivision No. 4 from Rural Residential (RR) to General Commercial 1 (GC1). The eastern portion of Lot 2A-1 Oscar Munson Subdivision No. 4 is to remain zoned GG1. The lot is currently zoned both GC1 and RR. In 1983 a lot line vacation removed the common lot line and created a lot that was in two zoning district.
A legal opinion was not sought as to whether the proposed rezone is a spot zone or not. An extension of an existing district cannot be considered a spot zone. Black’s Law Dictionary, Fifth Edition defines spot zoning as “granting of a zoning classification to a piece of land that differs (emphasis added) from that of the other land in the immediate area.” Black’s continues the definition by stating that the term refers to zoning which singles out an area for treatment different from that of similar surrounding land and which cannot be justified on the bases of health, safety, morals, or general welfare of the community and which is not in accordance with the comprehensive plan.
This particular rezone request is unique in that a conditional use permit (CUP) was approved in 1983 that required a replat, which once approved would create a lot which is partly within the GC1 zoning district and partly within the RR district. Apparently the applicant had attempted to rezone Lot 3 from RR to GC1 and this proposed rezone failed because of concerns by neighboring property owners. In March 1983 the owners applied for a Conditional Use Permit (83-5) to allow for parking on Lot 3. The CUP was approved on March 2, 1983 with the following conditions:
1. Eliminate the lot line to conform to HCC 7.12.040
2. Allow access to the parking area only from Lot 2…
3. Post the parking as exclusive use for the apartment tenants.
4. Maintain a screen of native vegetation around the (parking) area.
5. The CUP (to provide multi-family parking) will be issued for one year , within which the proposed use shall be developed. If after one year the use is not developed, the permit will be void and must be re-evaluated before re-issuance.
It is interesting to note that staff report PL 83-20 states the consequence of eliminating the lot line is the creation of a lot zoned General Commercial 1 and Rural Residential. It further states that in the past it had been the policy of the Planning Commission to avoid this situation. A Replat 83-6 was submitted in May of 1983 to vacate the common lot line in accordance with the approved CUP.
The question that was asked of the City Attorney is if that portion of the lot that was formerly allowed to be a parking area under a CUP is rezoned from RR to GC1 what uses are allowed on the rezoned lot? The answer is, all uses allowed under GC1 district regulations, plus, the use permitted under the CUP and any use that qualifies lawfully as nonconforming prior to the change to GC1.
In this particular instance the use that was permitted by the CUP was parking, which could be permitted in the GCI district. To my knowledge there are no other uses occurring on this portion of the lot, so there are no nonconformities to consider.
Staff notes that notices of the proposed rezone were sent to 17 property owners of 20 parcels within 300 feet of the area in question. No comments were received from the neighboring property owners.