Mrs. McDonald said she has a statement from American House stating that the |
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driveway currently belonging to the McDonalds and used by Mrs. Sophie Miller will |
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not be affected. She also pointed out that Mrs. Miller's outlot does not have its own |
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driveway. The statement is intended to assure Mrs. Miller that the construction of the |
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senior housing facility will not in any way be affected. Conversations with Mrs. Miller |
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had indicated that she did not object to elderly housing being built on the subject site, |
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but she was very concerned about losing her right to use the driveway. The |
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importance of that use is the presence of a sink hole in the front of her property which |
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would preclude the relocation of a driveway on her own parcel. |
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The Chair pointed out that the Planning Commission is not able to approve senior |
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housing for the subject site; they can only make a recommendation on the rezoning |
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and must consider all the permitted uses in the SP, Special Purpose zoning district. |
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The other issue is that they are being asked to reverse "spot" zone in that Mrs. Miller's |
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parcel would become a residential parcel completely surrounded by SP, Special |
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Purpose. Even the petition signed by residents that the commissioners have received |
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addressed the desire for the commission to rezone for elderly housing, which the |
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Planning Commission cannot do. |
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Mrs. McDonald was not familiar with the concept of "spot" zoning. Mr. McDonald |
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believed the SP, Special Purpose zoning would be a natural progression from the |
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identical existing zoning in the area. Since Mrs. Miller's property is subject to the same |
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constraints under R-4, One Family Residential as the subject property currently is, |
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Mr. McDonald did not see a disadvantage to her. In the long run it would be best for |
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Mrs. Miller's property to remain R-4, One Family Residential. Eventually, it would |
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probably turn to SP, Special Purpose if she were to sell it as it would be the best use |
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of the property and give her the best return on the land. It would be difficult to build |
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anything else on her parcel because of the physical constraints of the land. In the |
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meantime Mrs. Miller would still have access to the McDonalds' driveway and |
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American House is willing to protect her driveway. American House is probably the |
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best thing that could happen to her property. If the property moves out of Mrs. |
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Miller's hands, the McDonalds could not protect the driveway for her; American |
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House is willing to. It is unfortunate that Mrs. Miller has been unwilling to discuss this |
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issue further for fear of losing her access to the driveway, and she probably does not |
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realize that their real intent is to protect the driveway for her. It would appear to Mr. |
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McDonald that the SP, Special Purpose ordinance was written for this type of |
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situation. There does not seem to be anything between the permitted density of 4 units |
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per acre for R-4, One Family Residential and the permitted density of 40 units per |
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acre for SP, Special Purpose. The way that American House has planned the |
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development matches his vision of the land. It is a beautiful piece of land and he |
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