Fort Walton Beach Council minutes — 04-08-1986 Regular — reading text

evaluation -vas that P- 1 would be a proper zoning tor that piece ot property, plus Mr. Monty Jaokson is also on record as reoo_ ending P- 2 zoning at the time. Mr. Sohmidt stated he would ooncur with the P- 1 zoning at this time..',., Mr. Marty Black, ot Gaines & Assooiates, replied that tbe reoommendation property should be P- 2. to did be tunotional obsolesoenoe, should be ~ COD81' c!er'e~ h ' not say that both pieoes ot Lot 2 is what they consider and that Lot 2 is what J  4/ 8/ 86 121 PUBLICHEARIRG ( CORTI D.) Charles Hennecke, 2'& 3 Highway Avenue, HE, stated be resided at 251 Eglin Parkway trom 1974 to April, 1981, and during' tbat period witnessed quite a tew accidents in tbe area. Mr. Henneoke stated tbat it is very difficult to get in and out of tbe driveway and it is a very dangerous area, and was in favor of tbe rezoniq. 'j- j 1 l' .' L' .' j l' ,) ~ I, , j ; I Joyoe, on 0. -, .;' 1')' \( ' i..J"."\ IE, requested to go Owens, , 231..,Highway Avenue, stating sbe is in favor ot tbe rezoning record as because ber . experienoe has been baving a diffioult time renting well cared tor property on Highway Avenue f J i" in tbat area to a family exoept to substandard renters, tberefore, it does not pay to keep up tbe property. Mrs. Eva L. Willard, 225 Highway Avenue, IE, stated tbat there bas been quite a bit of change over tbe years and it is not easy to oross Eglin Parkway. Mrs. Willard added that it not neoessary was tor everyone to move because tbey want to rezone, but agreed tbat it is not a desirable plaoe to live. Dorotby Bankston, 250 Greenbrier Drive, stated sbe bas resided at Jtbis address tor 33 years. Mrs. Bankston stated sbe was by tbe de8ignated a8 8poke8person majority of Garniers tbe Beaob bome owner8 in tbe Subdivi8ion to voice tbeir objeotion to tbe prop08ed rezoning of Lot8 2 & 3, Blook 1, from R- 1A to P- 1. Mrs. Bank8ton 8tated it was tbe resident8 opinion tbat tbe rezoning would oon8titute 8POt zoning in a re8identially zoned area, wbicb would set a precedent, and expreeaed concern tbat tbere is no guarantee I " 1 qainat..someOl1e , ke future u8ing tbe property for . ;1n 111> f an., )undesirable ' busine8s. Mr8. Bankston expressed furtber ooncern tbat Lot 4 ( even tbough it is 110t inoluded in tbis request) would be u8ed as a parking lot if the rezoning reque8t was approved. Mayor Sbortall replied tbat, if a parking lot i8 used for a bU8ine88, it mU8t be zoned tbe same a8 tbe busines8. Mr8. Bank8ton 8tated that thi8 area i8 protected by Restrictive Covenant8 wbicb states tbat tbe R- 1 zoning I in tbat area stands until 1995, unles8 a majority of tbe property owner8 of tbe entire Garnier Beaob Subdivi8ion ohange. Mrs. agreed Bankston to a reoounted 1978, tbe previou8 owner8 tbat in Ootober, of the property requested to rezone, whiob the City denied atter learning tbat a majority of the residents objected by presenting a petition. Tbe owner8 then 8ued the City and Judge Gordon ruled in tavor of tbe City. Mrs. Bank8ton a180 mentioned a prior reque8t to 1978 for rezoning, whicb tbe City also denied. 122 4/ 8/ 86 PUBLIC BEARING ( CORT' D.) Mrs. Bankston declared that there is no urgent need tor addi tional protessional commercial spaces since there are. ' many protessional buildings with spaces available at this time and spot zoning would only benetit the investors ot that particular piece ot property to the detriment ot the majority ot residential property owners. Mrs. Bankston commented that, with proper renovation ot the houses and skillful landscaping to torm a butter between the houses and the street, it is the opinion ot the majority ot the home that this property could owners be used as' residential property, but that the owners have ' done' Tery" 1ittle to improve the property. Referring to [the trat'tic problem, Mrs. Bankston stated that it was not an insurmountable problem and pointed out that Beal Parkway has a traf'tic tlow problem but they are not rezoning to commercial in that area. Mrs. Bankston turther commented that the Garnier Beach Subdivision is a relatively orime tree area and many residents have purchased property there tor a retirement home. Mrs. Bankston presented to Counoil a oopy ot the Restriotive Covenants, reoorded at the Okaloosa County Courthouse, Crestview, Florida, in Book 68, Pages 01 through 03; a notarized oopy ot a Petition representing a major~ty ot the property owners ( 235 signatures representing 157 homes) protesting and objecting to the rezoning trom R- 1A to P- 1 ot Lots 2 & 3 , Blook 1, Garnier Beaoh, and to the rezoning trom R- 1A to any lesser restrioted zoning ot any lot in the atoresaid Garnier Beaoh Subdivision; a notarized oopy