Agenda - Planning Commission - 10/03/1995

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z.g. September 15, 1995 -- Page 3 Newlands Neighborhood Master Plan (neighborhood plan) as an amendment to the master plan. The neighborhood plan created transition areas that would serve as buffers for single-family residential areas. Several uses were allowed in transition areas, including single-family, multifamily, community commer- cial, and office uses. Proposed uses for property in the transition area would be considered on a case-by-case basis. Gustin had an option to buy Hawkins House. In 1992, he applied for an amendment to the property's special use permit so the property could be con- verted from museum to limited office use. Gustin planned to run an advertising agency there, his wife planned a franchise muffin business, and they expected to rent space to someone else. By that time, most properties in the transition area were. used for professional offices. The next largest use category was mul- tifamily residential. The eity's board of adjustment held a hearing on the application. At the hearing, Gustin said the existing structure would remain intact and he would replace only the kitchen. Contrary to claims by a local neighborhood associa- tion, he said office use would generate less than half the traffic the museum use had. Gustin also alleged the area to the property's east was dominated by offices and was no longer residential. The state Historical Preservation and Archeology Advisoryi Board's chairperson stated the building would be in jeopardy if it remained vacant, restoration to a single-family home was too expensive, and traffic would be less for the office than for the museum. Some objectors said the neighborhood plan was supposed to create a buffer to keep office use from encroaching on single-family use. The board denied Gustin's application. Gusti~ appealed to the city council. At the city council's hearing, 220 people opposed [he application and 24 were in favor. An associate city planner recom- mended approval, saying the historic overlay zone allowed nonresidential uses to preserve historic buildings and the application was consistent with the neigh- borhood plan. The city council reversed the board's denial and approved the amendment to the special use permit. Harris, who owned property next to Hawkins House, asked a court to over- turn the city council's approval. He argued that the neighborhood plan did not allow office use at Hawkins House. The court voided the amendment to the special use permit. The city appealed. DECISION: Reversed. The lower court improperly overturned the city council's decision to amend the special use permit. It should not have substituted its judgment for that of the city council. The transition area provided for multiple uses, so the city council had discre- tion about what use it would permit for Hawkins House. There was enough evidence to support the city council's decision. The limited office use was not dissimilar to museum use, and there was credible evidence the office would actually p~oduce less traffic than the museum. There was also expert testimony that the office was t~ermitted bv zonine reaulations and comt~atible with the area_