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CASE # 2 <br /> <br />REQUEST FOR DISCUSSION REGARDING PERMITTED USES IN THE B-3 <br />HIGHWAY BUSINESS DISTRICT; CASE OF WAYNE JOHNSON <br /> By: Zoning Administrator Sylvia Frolik <br /> <br />Background: <br /> <br />Wayne Johnson is in commercial real estate and has been marketing property on Hwy. #10. <br />Property alon~g the Hwy. #10 corridor is zoned B-3 Highway Business and according to City <br />Code, profesSional offices and retail sales are not permitted uses in the B-3 Highway Business <br />District. Mr. Johnson is of the opinion that professional offices and retails sales are appropriate <br />uses for the highway corridor. He has requested an audience with the Planning and Zoning <br />Commission to ,,tys/and convince the Commission to initiate an ordinance to amend the permitted <br />uses in the B-3 Highway Business District. <br /> <br />Observations: <br /> <br />In November of 1.990, the City Council rezoned the property along Hwy. #10 from B-1 Business <br />to B-3 Highway Business. In doing so, the following types of uses were eliminated as permitted <br />uses along HWy. #10: <br /> <br />a) Retail sales (with the exception of liquor, autos, recreational equipment, <br /> implements, and auto accessories); <br /> <br />b) Offices and banks; <br /> <br />c) Personal and professional services; <br /> <br />d) Funeral homes; <br /> <br />e) Medical clinics; and <br /> <br />f) Animal clinics. <br /> <br />The new B-3 section requires a conditional use permit for any outside sales and display areas and it <br />also permits any retail or service activity permitted in the B- 1 District to locate in the B-3 District <br />with a conditional use permit. If our intent in 1990 was to get a handle on the outside activity <br />associated with retail sales along Hwy. #10, we accomplished that with the requirement for a <br />conditional use permit for outside display and sales areas. Itm not sure what we are accomplishing <br />by requiring a~corlditional use permit for an all enclosed retail, rental or service activity. I am also <br />not sure why banks and offices were eliminated from the highway as permitted uses. <br /> <br />If you read through the B-3 regulations, you will also note that there are no provisions for open or <br />outdoor storage as an accessory to a permitted use, but it says you can have outdoor storage as a <br />principal use :of [he property with a conditional use permit. I believe this may have been a <br />typographicaLerror. If the intent was to improve the aesthetics of Hwy. #10, then outdoor storage <br />as an accessory use of property should be allowed on a limited basis and under certain conditions <br />and there shotild be no provision to use highway frontage property for outside storage principally. <br /> <br />11 <br /> <br /> <br />