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HomeMy WebLinkAbout1993-11-02 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COl\fMISSION NOVEMBER 2, 1993 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Covens. Members present: Shoop, Tobin, Clemens, Garrett, Gerlick, Covens Merkel, Ex-officio Members absent: Dummer, Mason Also present: Harold J. Stitt, Planning Administrator II. APPROVAL OF MINUTES October 19, 1993 Chairman Covens stated that the Minutes of October 19, 1993 were to be considered for ap- pro~al. Ms. Tobin asked that Page 4, fourth paragraph from the bottom of the page, be amended by removing the wording "when she worked there." Garrett moved: Clemens seconded: The Minutes of October 19, 1993, be approved as amended. AYES: NAYS: ABSENT: ABSTAIN: Tobin, Clemens, Garrett, Gerlick, Shoop, Covens None Dummer, Mason None The motion carried. ill. ENGLEWOOD HOUSING AUTHORITY R-2, Medium Density to R-4, Residential/Professional CASE #11-93 Chairman Covens declared the Public Hearing on Case #11-93 open, and asked that staff pre- sent the issue. Harold J. Stitt was sworn in, and testified that the rezoning request encompasses property owned by the Englewood Housing Authority in the 600 block of West Dartmouth Avenue. The rezoning request, if approved, would allow the relocation of the Englewood Train Depot to the western portion of this site. The Englewood Historical Society is attempting to preserve the historical structure, and several sites have been considered as a possible location for the Depot. Previous locations have not proven to be satisfactory, and the Historical Society ap- proached the Housing Authority with the proposal to locate the Depot on this site on West Dartmouth A venue. The present zoning of the block is R-2, Medium Density Residence; the proposed zone classi- fication would be R-4, Residential/Professional, which district allows the medium density resi- dential development, and also allows professional office development. It is the proposal of the Historical Society and of the Greater Englewood Chamber of Commerce to restore the Depot after its relocation, and use it for a museum and to provide office space for the Chamber. It is the proposal to office the Chamber of Commerce activities in this structure that necessitates the rezoning. Mr. Stitt testified that staff analysis indicates that the impact of the rezoning will be minimal on the surrounding neighborhood. The relocation of the depot to this site will not significantly impact the neighborhood either; it is a one story building, will be directly across the street from Cushing Park, and the developed site will be well landscaped. Mr. Stitt discussed the alleys access in the block, noting there is a "T" -shaped alley, the west leg of which "T" will need to be vacated to accommodate the relocation of the depot. However, the vacation of this portion of the alley is a separate issue, distinct and apart from the issue of rezoning which is before the Commission at this time. Mr. Stitt stated that the proposal is that the western one-half of the site will be used for the relocation of the Englewood Depot, with the eastern six lots being retained by the Housing Authority for development of housing units in the future. Ms. Tobin inquired about the impact on the neighborhood caused by additional parking for the museum and Chamber offices. Mr. Stitt testified that the Historical Society/Chamber fi evel- opment would require a minimum of six to twelve parking spaces. If there were a new exhibit at the museum, or a meeting at the Chamber, there might be vehicles in excess of the provided parking, but this would not be an everyday occurrence. Mr. Stitt also suggested that there would be parking across the street at Cushing Park that could be used on occasion. Paul Malinows ki. was sworn in, and testified that he is the Executive Director of the Engle- wood Housing Authority (ERA). The Authority purchased the subject site in late 1992. There have been discussions on the proposed development of the site, but firm conclusions were not reached prior to the request from the Historical Society to consider part of the site for the Depot. If the total site were to be developed for housing purposes, a total of 12 units could be built. Mr. Malinowski stated that the property owner where the depot is presently located made the determination that the Depot was to be razed --it has been vacant for a num- ber of years, was used by transients for shelter, and is an "attractive nuisance". Apparently the insurance company notified the property owner that if the Depot were not removed, either his insurance premiums would be extremely high, or possibly he could not be insured. Mem- 2 bers of the Historical Society and other concerned citizens of the City heard of the proposed demolition of the Depot, the "Rootin' Tootin' Movin' Committee" (RTMC) was formed, and efforts were expended to find another location for the Depot. Mr. Malinowski stated that Councilwoman Gulley, who is also a member of the Housing Authority, a member of the RTMC, and of the Chamber of Commerce, mentioned the search for a new location to him and to the Authority, and suggested the possibility of doing a "community project" to save and relocate the depot. Mr. Malinowski stated that the present owner of the depot was requested to grant an extension of time to work out the logistics for relocation of the structure, which request was granted. The EHA will finance the moving of the Depot, with the funds to be recovered from the sale or lease of the land. Mr. Malinowski stated that the City of Sterling has relocated an old depot to their downtown area, renovated it, and their Chamber of Commerce offices there. Mr. Malinowski displayed plot plans for the development of the west one-half of the site with the depot. Points of access and designated parking areas were pointed out by Mr. Malinowski. Mr. Malinowski stated that the depot is a "good building" for relocation and renovation; it is the last of its kind and should be preserved. Mr. Garrett inquired about the present alley access to Galapago. Mr. Stitt reiterated that the west leg of the "T" alley will be vacated. Mr. Clemens inquired about proposed development on the east one-half of the site. Mr. Mali- nowski stated there are no firm plans for development of the east one-half of the site at this time. Mr. Shoop inquired whether parking is permitted on Dartmouth Avenue at this location. Mr. Stitt stated that it is his belief parking is prohibited on Dartmouth Avenue. Mr. Shoop asked whether the improvements and modifications at the Dartmouth/Santa Fe intersection would impact this site. Mr. Stitt stated that the Colorado Department of Transportation (CDOT) may take a little of the property to accommodate the "flare" on Dartmouth at the intersection; how- ever , the taking would be minute and would not impact the development. Ms. Tobin asked whether the renovated depot will be used primarily for museum purposes, or for Chamber of Commerce offices. Mr. Covens commented that it would be a joint use of the premises by the two entities. Mr. Malinowski presented the Certification of Posting to Chairman Covens for the record. Mr. Covens thanked Mr. Malinowski for his presentation, and then asked if Mr. Nestler wished to testify. Mr. Nestler indicated he did not wish to address the Commission. Mr. Covens then asked if Grant and Debora Wederski wanted to speak to the Commission. Ms. Wederski stated that she might have some questions to be addressed at the conclusion of other testimony. 3 Dave Pasch hl was sworn in, and testified that the present site of the Depot is owned by Office Depot. Mr. Paschal further testified on the structural design of the Depot, noting that it was built in 1915 by the ATSF Railroad, and operated until the 1950's. It has become an insur- ance liability for the property owner, thus the determination that it must be removed --either by demolition or relocation. Mr. Paschal stated that the Dartmouth location is a good choice for the relocation of the Depot, inasmuch as Dartmouth will be one of the major points of en- try into Englewood, and the relocated depot will be in reasonable proximity to the railroad tracks. Mr. Paschal expressed his opinion that the location of the Depot to this site will not hurt property values or have an adverse impact on the neighborhood. Mr. Covens inquired on the physical means of relocating this structure, which Mr. Paschal described. He noted that the relocation can be accomplished in one day once the permanent foundation is in place. The relocated structure will have a full basement as well as the reno- vated main floor. Mr. Paschal emphasized that even though the initial funds for the move will be advanced by the EHA, they will be reimbursed, and no public funds will be used for the relocation/renovation of the Depot. Sheri Gulley was sworn in, and testified that she is President-elect of the Englewood Chamber of Commerce, and has been involved in discussions to save the Depot for a number of months. Ms. Gulley stated that were the structure to be relocated and used only by the Historical Soci- ety as a museum, there would be no necessity of going through the rezoning process. How- ever, the Englewood Chamber of Commerce proposal to locate their offices in this structure necessitates the rezoning to accommodate "offices". Ms. Gulley discussed the proposal to gain historical designation for the structure, to apply for grants to fund the renovation and relo- cation expenses of the depot, and commented that one of the criteria for funding approval is the "end use of the building"; a non-profit organization is not considered a "feasible end-user", whereas office use of the historical buildings is so considered. Ms. Gulley commented that the aspect of obtaining grant funding is improved at this location because of the proximity to the railroads, and the structure must be site-situated to match the present siting of the structure. Ms. Gulley stated that the museum will be located across the street from Cushing Park, and the museum will have a view of the railroad and of the mountains. Ms. Gulley stated that the proposed parking should be very adequate; the Chamber of Commerce has three employees, and there will be special committee meetings some days --usually around the noon hour, which last for only a couple of hours. Ms. Gulley estimated that the largest membership on the special committees is 10. Ms. Gulley testified that those involved in the preservation and relocation of the depot are working very hard to get a lot of people involved; they have located an architect who may be willing to design the renovation work on a pro-bono basis if the grants are not obtained to fund this work. Ms. Gulley emphasized that the rezoning is only the first step on a long process, and there are many facets to the total project. Ms. Gulley emphasized that no determination has been made on the actual sharing of the building --which entity will have which area, loca- tion of display cases, etc. 4 Mr. Covens asked if a "visitors center" is envisioned for the museum/Chamber. Ms. Gulley stated that the Chamber does have brochures, etc. available right now, but an actual "visitors center" is not currently planned. Ms. Tobin stated that she is a member of the State Historical Society, and is concerned about the separation of the museum from the Chamber activities. She asked who will have the final determination on the use of the structure, and questioned whether this is a functional sharing of space. Ms. Tobin suggested that the museum can host school classes and tours, which could cause conflicts with the Chamber operations. Ms. Gulley suggested that such conflicts could be addressed through coordinated scheduling, and that if special Chamber committee meetings cause conflict, they could be moved to a restaurant because most of those meetings do occur over the lunch hour. Ms. Tobin commented that she keeps hearing "Chamber", and is of the opm10n that the Chamber of Commerce will have control of operations on the structure. Ms. Gulley pointed out that the Historical Society has no means of maintaining the structure once it is relocated and renovated; they are interested in acting as facilitator of the relocation and renovation, but do not want to assume the responsibility of maintenance and up-keep on the site. The Cham- ber could assume these responsibilities. Mr. Covens asked if any estimate had been made on how much of the 2,000 sq. ft. area would be used by each entity. Ms. Gulley stated that this determination has not been made; much will depend on the architectural design. Ms. Gulley discussed the layout of the existing depot, noting that there is a "breezeway" which appeared to serve as a division between freight and passenger operations. This same feature might well serve as a logical division between Cham- ber and museum activities. Ms. Gulley noted there is a loading dock on the present site, which would be nice to also relo- cate; she noted that this is constructed of "huge timbers", and if it could be relocated would be an added historical feature. Mr. Covens inquired about the cost of the project. Ms. Gulley stated that $250,000 is the fig- ure cited at this time; however, the funds for the renovation are not available at this time. The proposal is to relocate the structure, set it on the foundation, board it up and pursue the his- torical designation and grants for renovation. Mr. Gerlick inquired if funds were available for the actual relocation. Ms. Gulley stated that the EHA will provide the funds to do the founda- tion and the actual relocation. These expenses will be included in the request for grant fund- ing. Mr. Gerlick asked Ms. Gulley if she had viewed the renovated depot in Sterling. Ms. Gulley stated that she had not; she does plan to travel to Sterling on Thursday of this week to see their project. Dr. John Simon was sworn in, and testified tha t he is Chairman of the Board of the Historical Society. Dr. Simon commented on a recently completed project of the Historical Society -- 5 the book on "Englewood". Dr. Simon stated that he and other members of the Historical So- ciety became aware of the need to relocate or lose the depot, and they support the efforts to relocate the structure. He stated that the Historical Society has met with members of the Chamber of Commerce, and the RTMC. D . Simon noted that the Historical Society now relies on the Library to store many of the historical documents, and they have "attic storage" at City Hall for items that cannot be kept by the Library. If the museum becomes a reality, they could have all the historical items in one loca tion, with nice display cases for many of their artifacts. Dr. Simon stated that this is a great opportunity to restore a structure with historical significance to Englewood. He pointed out that other structures the Historical Society is inter- ested in are the Skerritt House on South Bannock, and they have taken an active part in the restoration of the old Cherrelyn Horsecar. Mr. Covens questioned Dr. Simon regarding h ts perception of the development of the museum in the old depot. Dr. Simon stated that he is t inking that the basement area would be used for the museum, meeting rooms and storage , with the Chamber of Commerce activities on the first level. Dr. Simon stated that this project presents a good opportunity for community participa- tion. Ms. Tobin commented on the need to preserve the building, and advised the Society to deter- mine what percentage of the structure must be used for museum purposes to get the grants and historical designation. Ms. Debora Wederski, 3053 South Galapago was sworn in. Ms. Wederski posed several questions regarding the rezoning and relocatio of the depot; the effect on property taxes , and whether Galapago Street will be closed during the course of relocation and renovation. Mr. Merkel pointed out that under the TABOR amendment, the taxes could not be raised without a vote. Mr. Malinowski stated that the Englewood Housing Authority makes a "payment in lieu of taxes" inasmuch as the EHA is a tax-exempt entity . Mr. Malinowski stated that there will probably be some traffic inconvenience during the period of renovation. Ms. Wederski then posed questions regarding access to and from the alley. Mr. Stitt reiterated that the west leg of the "T" alley will be vac ated; there will be no access to the alley from South Galapago Street. Ms. Wederski asked what would happen to the esidential use on the site if the rezoning to R-4 is approved. Mr. Malinowski stated that the EHA owns that structure, and has not determined whether the house is worth rehabilitating, or w ether it should be razed. In any event, the R-4 Zone classification permits single and two fa mily residential construction in addition to the proposed office use for the depot. Mr. Malinowski reviewed his previous testimony that 12 residential units could be constructed on the "total" Housing Authority ownership; they do not have firm plans for development of the eastern half of the ownership at this time. Ms. Weder- ski asked why the rezoning wasn't only for those lots which would be used by the Depot. Mr. Stitt reviewed rezoning criteria, emphasizing that the R-4 Zone District permits the same uses permitted in the R-2 Zone District. Mr. Stitt commented that in his opinion, area residents 6 should not be concerned about the use of the ea tern one-half of the property by the Housing Authority; the EHA is committed to building housing in the City. Ms. Wederski asked if the Historical Society "owns" the building, and leases office space to the Chamber of Commerce, does this action not make the use a commercial use; and would not the charging of admission by the museum make it a commercial use. Mr. Stitt stated that leasing, renting, or charging admission has no impact on the issue of rezoning. He empha- sized that the only issue before the Commission is that of the requested rezoning from R-2 to R-4. Terry Shaw, 3032 South Fox Street, as sworn in. Mr. Shaw testified that he had seen some of the homes which the EHA has moved and renovated; they do a great job, and he is in favor of the project. As far as increased traffic is concerned, he felt it would be a "trickle" and did not feel it should be a concern. Mr. Shaw acknowledged there are problems crossing Dart- mouth, and suggested perhaps the EHA could exert some of their influence with the City to improve crossing capabilities in the area. Mr. Shaw stated in his opinion, the proposal will be an improvement to the neighborhood. Mrs. Coffin, 3057 South Galapago, as sworn i , and offered testimony regarding her dona- tion of a gun used by Jacob Jones, first Mayor o Englewood, to the City following the death of her husband, who was a gun collector. This gun was allegedly used by Mr. Jones and an Indian Chief to hunt buffalo in the Daniels Park vicinity. Mrs. Coffin further testified that she has lived in her home for 60 years; she is 89 y ars of age, and she wants to remain in her home. Mrs. Coffin stated that she saw no reason to do anything with either end of Galapago Street, and that the depot should be relocated to the Winslow property. Mr. Covens asked for a summarization of the staff recommendation by Mr. Stitt. Mr. Stitt stated that staff recommends that the rezoning request be recommended to the City Council for approval. The rezoning requested (R-4, Residential/Professional) is compatible with the exist- ing zoning and development of the neighborhood. The Comprehensive Plan indicates the gen- eral development of the area for medium density residential purposes. The impact of the quasi-public facility on the area will be minimal, and this will be an opportunity to preserve an historic structure. Mr. Garrett asked if there is a vacation of the west leg of the alley that will have to be consid- ered. Mr. Stitt stated there is; this is a separate, distinct issue from the rezoning. Mr. Shoop asked whether there would be any stip ulation on the appearance of the boundaries of the site. Mr. Stitt stated that there are no specific requirements; he stated that it is his belief the Historical Society wants to be good neighbors, and will provide sufficient screening and landscaping to provide the adjacent residential uses privacy from the museum/Chamber opera- tion. Shoop moved: Tobin seconded: The Public Hearing on Case #11-93 be closed. 7 AYES: NAYS: ABSENT: ABSTAIN: Clemens, Garrett, Gerlick, Shoo p, Tobin, Covens None Mason, Dummer None The motion carried. Mr. Covens asked the pleasure of the Commission. Covens moved: Tobin seconded: The Planning Commission recommend to C ity Council the following described area be rezon ed from R-2, Medium Density Residence, to R- 4, Residential/Professio nal: Beginning at the centerlines of West Dartmouth Avenue and South Gala- pago Street , thence north along the centerline of South Galapago Street a distance of 205 feet; th e nce east 30 feet to the northwest corner of Lot 18, Block 2 , Taylor's Addition; thence continuing east along the north line of said Lot a distan ce of 135 feet to the north/south centerline of the South Fox Street/South Galapago "T" alley; thence south along said centerline to the centerline of the east leg of said "T" alley; thence east along said centerline to the centerline of South Fox Street; thence south along said centerline to the centerline of West Dartmouth Avenue; thence west to the point of beginning. Mr. Clemens commented that Salt Lake City has a renovated depot in their downtown area, which is now used as a museum/restaurant, and this seems to work quite well. Mr. Clemens described the interior of the depot , noting th a t there are display cases around the perimeter, and the museum area is cordoned off from the restaurant use. Mr. Gerlick commented that in his opinion , the Chamber use and the museum use blend to- gether, and should be quite functional. Mr. Covens expressed concern about the eastern one-half of the EHA ownership, and stated that he would like EHA to commit to develo p ment of houses, or to come back to the Com- mission in the event that future development is not for residential purposes. Mr. Malinowski stated that speaking for the Authority , he is amenable to stating that if any use other than resi- dential is proposed for the eastern portion of the site, the ERA will return to the Commission for discussion and approval. Mr. Covens posed questions regarding parki ng. Mr. Stitt stated that in the worst case sce- nario, the requirement would be 11 to 12 parki ng spaces; they are providing more parking than is required. Ms. Tobin commented at the Molly Brown house , there is no off-street private parking, and the on-street parking doesn't see m to impact the area. 8 Mr. Garrett stated that he hoped the funding co uld be obtained quickly; he doesn't want to see the structure boarded up very long. The vote was called: AYES: NAYS: ABSENT: ABSTAIN: Garrett, Gerlick, Shoop, Tobin, Clemens, Covens None Dummer, Mason None The motion carried. Mr. Covens declared a break at 8:35 P. M.; mee ting reconvened at 8:47 P.M. IV. ALLEY VACATION West Baltic Place/West Iliff Avenue 1800 -2000 Blocks Chairman Covens asked staff to present the issue . CASE #12-93 Planning Administrator Stitt stated that the req uest to vacate a portion of the West Baltic Place/West Iliff Avenue alley in the 1800 -2000 blocks west was made by Mr. Tito Garcia, property owner at 1858 West Baltic Place. Mr. Stitt stated that in the mid-1970's, the Public Works Department found that the original platting of this subdivision, Sheridan Heights, was in error. The original platting was done in 188 8 . To correct the errors would necessitate the resurveying of each parcel within the entire Sheridan Heights Subdivision, and would result in the shifting of property lines to the south and we st, some of which would encroach into struc- tures on another ownership. The City determined at that time not to correct the errors; how- ever, the revised section line locations were recorded with the County to maintain the existing rights-of-way. A property owner on the east e nd of the alley has erected a fence which en- croaches into the "alley", but which is apparently located on the new section and property lines. The alley has not been maintained by the City fo r a number of years, and with the exception of the western end of the alley, no one uses it. T he proposed vacation does not encompass the entire alley, and would not include the western 175 feet to give those property owners with structures requiring access from the alley the rig ht to that access. Mr. Stitt noted that access to South Tejon Street from the alley should be imp roved so that this portion of the alley can be used during the winter months. In the remaining portion of the alley, grass and weeds are growing, there is no use of the alley by the adj oining property owners, but there are utility lines in the alley. An easement would have to be retained for these utility lines were the alley to be vacated. Mr. Stitt stated that it is the assumption on the p art of the City, that were the issue of the alley fencing to be pursued through the Courts, they would find on behalf of the property owner 9 who has erected the fence based on the correc ted section and property lines. This would then necessitate the resurveying of all properties in the entire subdivision, and the shifting of the property lines to the south and west. Mr. Tito Garcia, 1858 West Baltic Place, addressed the Commission. Mr. Garcia stated he bought his property a number of years ago, before the paving district was done, at which time 8 feet was taken from the front of his property . He stated he was told at that time to move his property line to the south for the same distance. Mr. Garcia stated that he owns Lots 6 -12, Block 77, Sheridan Heights. Mr. Garcia stated he wants to extend his fence into the alley be- cause the alley is not used or maintained; he does cut the weeds during the summer months. Mr. Garcia stated that the alley is fenced on the east end, and there is no traffic through the alley. He would like to see it vacated. Myrtle Jessee, 1930 West Baltic Place, addres sed the Commission. Ms. Jessee stated that she owns Lots 15, 16, 17, 18, and 19, and moved to this area in 1948. The Paving District was done in 1975 and took all street trees, hedge s , etc. that property owners had planted on the front of their properties. She also was told that the property lines could be moved to the south to compensate for that which was taken for the street, but no one ever returned to establish where the south property line would be. Ms. Jessee stated that she does not use the alley ex- cept to plant flowers. She did point out that the proposed vacation would "split" her owner- ship, inasmuch as the alley to the rear of Lots 15, 16, and 17 would be vacated, while the alley to the rear of Lots 18 and 19 would not be vacated. Ms. Jessee suggested that the platting error should have been addressed when it was discovered. Steve Alonzo addressed the Commission, and identified himself as legal counsel for Mr. Walt Radovich, 1989 West Iliff Avenue. Mr. Rad ovich owns Lots 30 and 31, as well as Lots 25 and 26. Mr. Radovich purchased Lots 30 and 31 approximately six years ago, and at the time of the purchase checked with the City on the status of the alley; he was informed that it was an "open alley". Mr. Radovich constructed a $2 5 ,000 garage which would access from the alley. Mr. Radovich was concerned about ingress/egress to the alley from South Raritan Street, be- cause access from South Tejon Street to the alley is extremely poor due to the grade. Mr. Alonzo stated that a "city crew" came out and discussed the grade of the Tejon/alley intersec- tion with Mr. Radovich, and the "crew said it would be taken care of'; nothing has been done. Mr. Alonzo emphasized that Mr. Radovich constructed the $25,000 garage relying on the statements from the City that the alley was "open" and that the intersection grade would be "taken care of'. Mr. Radovich stated that he has spoken with at least three different people with the City re- garding the alley over the years, but could remember only the name "Paul Kapaun". Mr. Alonzo asked if the access can be remed ied or improved from South Tejon so that this portion of the alley can be paved and maintained. Mr. Alonzo emphasized that the purchaser (Mr. Radovich) was diligent in determining whether the alley was "open", and relied on statements from the City that it was, indeed, a n "open" alley prior to the purchase of the prop- erty and construction of the garage. Mr. Alonzo indicated that were the property lines to be 10 moved to the south and west, as suggested was needed by Mr. Stitt, the only structure that would be affected is a "dilapidated shed". Mr. Alonzo stated that his client is opposed to the request for vacation of the alley, but would like to work something out. Right now, the $25,000 garage he has built is worthless. Mr. Alonzo made reference to Title 10, Chapter 5, Section 3 of the Englewood Municipal Code regarding adjustment of boundary lines. Mr. Covens asked how many vehicles are going in and out of the alley. Mr. Radovich stated that the alley is not usable as it stands today; large trucks would have to back in or out of the alley because it is fenced on the east end; also the grade of the alley at Tejon makes that point of ingress/egress unusable. Mr. Covens asked if the garage was constructed at the same time the fence on the east end of the alley was constructed, or before or after the fence. Mr. Radovich stated that the fence was already constructed when he built his garage. Mr. Radovich stated he was told that the alley was "open", and was informed that this would be discussed with the City Attorney; apparently no one followed through. Mr. Covens asked how close the garage is to the new alley line, were the lines to be moved for the correction. Mr. Radovich stated that everything was according to "code"; he stated that the garage is a 600 sq. ft. garage. Jack Terry, 3181 West Bails Place, addressed the Commission. Mr. Terry owns 1995 West Iliff Avenue, Lots 27, 28, and 29. When he purchased his property, he called the City and was also told it was an "open alley". He bought his property six or seven years ago. Mr. Terry stated that he has construction equipment, and the inability to use the alley for loading and unloading this equipment is a problem. Mr. Terry pointed out that the Fire Department does not have access through the alley, which is a concern. There has been no City mainte- nance of the alley since he purchased his property. The property owner on the east end (Barton Brothers) was throwing junk materials into the alley, and upon complaint to the City other property owners were "told it would be taken care of, but nothing was done". Mr. Terry stated he was not aware of problems with the survey at the time of his purchase, and he tore down a garage because the corrected survey indicated it was not on his property. Mr. Radovich stated that the fence on his property is in common line with the majority of fences in the block, and pointed out that fences can be moved. Mr. Alonzo further discussed the fencing of the east end of the alley. Ms. Tobin asked if staff had heard anything from the City Attorney's Office on this issue. Mr. Stitt replied in the negative. Mr. Stitt did state that this request was taken before the Technical Review Committee, which is composed of representatives of various City Depart- ment, including the Public Works Department; no one indicated any problem with the re- quested vacation. 11 Mr. Covens inquired about Mr. Alonzo's reference to Title 10, Chapter 5, Section 3 of the EMC. Mr. Stitt stated that this is not applicable in this case; Mr. Alonzo's citation pertains to agreements between adjacent property owners to relocate boundary lines. Mr. Radovich suggested that if Barton Brothers owns the property on both the north and south side of the alley at Raritan, they could just move the fence on the south side of the "alley" to the new boundary line so the alley could be used. Discussion ensued. Mr. Radovich asked who would follow through to try to resolve this issue. Mr. Garrett asked who had made the assumption that the Courts would find in favor of the "correct" survey lines. Mr. Stitt stated that this assumption was from discussions with the Public Works personnel. Discussion ensued. Mr. Covens asked if it would be possible to ask attendance from Barton Brothers at the next meeting. Mr. Stitt stated that all property owners were notified by mail of this issue, and the date and time of the meeting. They chose not to attend the meeting. Mr. Covens suggested that this matter be continued to November 16, at which time it will be the first item on the agenda. Brief discussion ensued. Covens moved: Tobin seconded: Case #12-93 be continued to November 16, 1993. AYES: NAYS: ABSENT: ABSTAIN: Garrett, Gerlick, Shoop, Tobin, Clemens, Covens None Mason, Dummer None The motion carried. Mr. Gerlick excused himself from the meeting at 9:45 P. M. v. COMPREHENSIVE ZONING ORDINANCE Amendments: Home Occupations CASE #4-93 Mr. Stitt stated that he had talked the State Social Services Department, Aging and Adult Services division, regarding the issue of "senior care". There are two types of adult care, one of which deals with those who are recipients of Medicaid. He stated that he has not received the written regulations which the State was to send. Discussion ensued. It was suggested that this Public Hearing be again continued to November 16. Garrett moved: Clemens seconded: The Public Hearing on Case #4-93 be continued to November 16, 1993. AYES: Shoop, Tobin, Clemens, Garrett, Covens 12 NAYS: None ABSENT: Gerlick, Mason, Dummer ABSTAIN: None The motion carried. VI. FINDINGS OF FACT Case #2-93 Case #10-93 Chairman Covens stated that the Findings of Fact on Case #2-93 were to be considered for approval. Garrett moved: Clemens seconded: The Findings of Fact on Case #2-93 be approved as written. AYES: NAYS: Shoop, Tobin , Clemens , Garrett , Covens None ABSENT: ABSTAIN: Mason , Dummer, Gerlick None The motion carried. Chairman Covens stated that the Findings of Fact on Case #10-93 were to be considered for approval. Clemens moved: Tobin seconded: The Findings of Fact for Case #10-93 be approved as written. AYES: NAYS: Shoop, Tobin, Clemens, Garrett, Covens None ABSENT: ABSTAIN: Dummer, Gerlick, Mason None The motion carried. VII. PUBLIC FORUM. No one was present to address the Commission. VIII. DIRECTOR'S CHOICE Mr. Merkel reminded Commission members of their meeting with City Council on November 8, 1993, at 6:00 P.M. Items for discussion were considered: Zoning Ordinance amendments, EBD progress, CIP program were issues mentioned. 13 Mr. Merkel stated that in recent tight budget years, many ways to pare expenses have been explored by staff and by City Council. For several years, the issue of payment to members of the Planning Commission and Board of Adjustments & Appeals has been considered for elimi- nation. The 1994 Budget has been approved, based on the elimination of the monthly stipend for members of the Commission and the Board. Brief discussion followed. IX. COMMISSIONER'S CHOICE Mr. Covens stated that the agenda for November 16 will include the continuation of Case #12 - 93, and the continuation of the Public Hearing on Case #4-93. The meeting was declared adjourned at 10: 10 P .M. , ~;,~c;A: _/.~-!}{- Gertrude G. Welty, Recording Segetary 14