Planning commission votes down re-zoning

Buildit LLC remodeled an old church at 721 North Ash St. last year and turned it into apartments. Now, Chris Hendren of Buildit, told the Nevada Planning Commission Tuesday he and his business partner, Wes Ogle, want to purchase additional property at 722, 726 and 730 North Adams -- directly west of the apartments on Ash Street -- to build a two-story, eight-unit apartment building and parking lot, if the city will change the zoning on those lots from R-1 single family dwellings, to R-3, apartment district.

Hendren told the planning commission the immediate need is to construct a parking lot and build the apartments in the future.

Some commissioners were concerned about the effect a two-story apartment building would have on the neighborhood.

"This is still pretty much a single-family neighborhood on Adams," Commissioner Jeff Tweten said.

Other commissioners expressed a concern with what might happen if the property is sold to another person, since a zoning classification goes with the property.

"There is R-1 zoning on both sides of Adams," said Commission Chairman John Flynn.

If the fence behind the current apartments is removed and a parking lot is built on Adams, Flynn said a substantial amount of traffic will be going out on Adams.

"This is changing the character of the neighborhood, especially with an eight-plex or 16-plex," he said.

Planning assistant Johnna Williams told the commission a special-use permit would allow a parking lot.

Flynn pointed out, however, that a special use permit does not go with the property.

"We want to be supportive of what you want to do, but going to R-3 is an issue," Flynn said before the commission voted 5-1 to send a negative recommendation to the Nevada City Council, which has the final say on all zoning issues.

Flynn voted against the measure, as did Jeff Erpenbach, Jeff Tweten, Janet Wray and Richard Shorten. Mark Selsor cast the only "yes."

The commission also sent a negative recommendation to the city council on a request for a zoning change from R-2, duplex, to RP-2, a planned duplex district, on property at the southeast corner of Cedar and Maple streets.

The measure tied at 3-3 with Flynn, Shorten and Erpenbach voting yes and Selsor, Tweten and Wray voting no.

According to the city code the planning commission requires five of the seven commissioners to be present for a quorum and a majority of the commissioners present is required for anything to pass. With a tie vote the measure fails for lack of a majority.

When Blake Hertzberg, who was planning commission chairman, was elected to the city council in April, he had to vacate his seat on the commission, leaving them with only six members until the city council fills the vacancy.

Howard Finke, who owns the property told the commission that he wanted the RP-2 zoning, which requires a detailed plan of the project to be approved by the planning commission, to permit him to put two duplexes on one of the two lots he owns and to allow for one of the duplexes to face a private drive, instead of a street.

Jack Bastow, 504 South Cedar St. told the commission that he was opposed to the project because it would increase the number of people living in a small area. Something that he said he learned could create problems while working for the Nevada Housing Authority.

Tom Crooke, 427 S. Cedar St. said he agreed with Bastow's concerns about the project.

Flynn said that he understood the concerns of the neighbors, but "if we don't approve his request he can still build two duplexes instead of three.

Erpenbach spoke favorably about the project.

"He is planning to put nice units in there," Erpenbach said in response to a concern from an area resident that this project could decrease property values. "It may increase the property value."

Since planned district zoning requires the planning commission to approve the detailed plan as submitted, the commission can require changes be made in the plan.

To accommodate some objections, the commission decided to have Finke change the plan to turn the duplex that faces the private road to face Washington Street.

"It's a unique neighborhood with Foursha's house on Cedar Street," Flynn said.

Sam and Cindy Foursha own a historic two-story sandstone house on Cedar Street.

"He can do two houses with no change. RP gives us a look at what will happen. I can understand you're frustrated with change in the neighborhood and the trees coming down ... It's in his best interest to be sure he keeps his neighbors happy," Flynn said. "It seems to be in step with the comprehensive plan we're trying to follow.

"If I owned a building in the area I don't think I would be too concerned," Flynn said before the commission voted 3-3 on the measure.