Planning chair Melissa Greene told city council on May 22 that her commission recommended council approve rezoning 38 Prospect from R-1 to C-3 Quiet Use Commercial. She said nearby properties were zoned residential, and the property had been a Bed & Breakfast for many years. The recommendation from Planning had the condition the property could not become a restaurant.
When alderman Bob Thomas asked about that restriction, Greene replied a restaurant might be too invasive for the environs.
There were several observations related to the property next door having once been the site of a licensed home occupation, yet it was still zoned residential. The question was raised as to whether Planning could limit use of the space, and City Attorney Tim Weaver replied they could not restrict use except as stated by Code. Commissioners wondered aloud how Planning would have voted had they known otherwise.
There was much conjecture about variances for parking and spot zoning of the property and “don’t jump around hodge-podge” until Planning commissioner Susan Harman pointed out the curb in front of the property is painted red, so it would be a long walk for a customer if the property were a restaurant.
Sentiment at first was toward sending the request back to Planning, but alderman Kristi Kendrick said that could delay a business from starting.
When alderman Mickey Schneider asked Greene what she thought about council boomeranging it back to Planning, Greene said it would not change their recommendation. Thomas still wanted to hand it back, but vote was 4-2 against that, McClung and Thomas voting No.
Schneider then moved to rezone 38 Prospect from R-1 to C-3, and that vote was 4-2, McClung and Thomas still voting No.