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HomeMy WebLinkAbout06821ORDINANCE NO. 6821 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM B -1 TO R -2 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 1940 LAKE AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property be changed from B -1, Neighborhood Business District, to R -2, Single - Family District, and upon passage of this ordinance, zoning restrictions affecting R -2, Single - Family District shall apply to said property: LOTS 18 -21, BLOCK 1, VAUXHALL PLACE SUBDIVISION, and more commonly known as: 1940 LAKE AVENUE. SECTION 2. This ordinance shall become effective immediately upon final passage and approval. - INTRODUCED: April 8. 2002 BY: Al Gurule CO PERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CI CLERK PASSED AND APPROVED: April 22, 2 002 Background Paper for Proposed ORDINANCE AGENDA ITEM # 3 1 DATE: APRIL 8, 2002 1 S 1 5 f DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT/ JIM MUNCH TITLE AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM B -1 TO R -2 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 1940 LAKE AVENUE ISSUE Shall City Council approve a request to rezone the property to an R -2 Zone District that will allowthe applicant to apply to the Zoning Board of Appeals for a Special Use Permit to allow a home child care facility in her home? RECOMMENDATION The Planning and Zoning Commission voted 6 -0 to recommended approval of the rezoning. BACKGROUND The applicant currently resides in a single family home which has a certificate of "non- conforming use" to exist in a neighborhood commercial (B -1) zone district. The applicant wishes to conduct home child care in her home, however this is not an allowable use in any commercial district. The applicant requested that the property be rezoned to R -5 which would allow home child care as a "use by right ". The Planning Commission requested that the applicant amend her request from an R -5 to an R -2, a single family home zone district which is more prevalent in that area. The Commission was concerned that an R -5 zone district allowed too many non - residential uses and that the applicant could sell the property to someone with plans to develop the parcel in a more intense manner. The applicant agreed to amend the request to an R -2 zone district. In an R -2 zone district, home child care is a "use by review" which will require that the applicant request a Special Use Permit from the Zoning Board of Appeals. FINANCIAL IMPACT None