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P&Z board denies C-2 Zoning for Tutt Street Property

Citing reluctance to set a precedent allowing "spot zoning" in residential neighborhoods, P & Z votes to deny change at Tutt Street property from R-2 Low Density Residential to C-2 Highway Oriented Commercial. Petitioner, Dennis Kemp advised methods of appeal. Case involved an interesting set of definitions and treatment of property which is "government," or "public property."
Click on headline for complete story with photo(s)By Ed Waggener

Following a P & Z public hearing, the City of Columbia Planning & Zoning Commission voted down a request by owner Dennis Kemp for a zone change at 401 Tutt Street from R-2 Low Density Residential to C-2 Highway Oriented Commercial, citing a number of reasons, but centering on the the body's opposition to spot zoning.

Chairman Joe Flowers presided at both the hearing and the subsequent special called meeting of the P & Z, held one week ago on Thursday, August 10, 2017 at City Hall. On the final vote, on a motion by member Gale Rogers, with a second by George Kolbenschlag, with Roy Rademacher, voted to deny the zoning change request. Member Sue Stivers abstained.

In a letter to the Planning & Zoning Commission, Mr. Kemp cited several commercial enterprises along the length of Tutt Street, including a restaurant, a feed supplier, a retail store, a dog grooming location, a daycare facility, and two properties owned by the Columbia, one, a City Streets equipment and materials storage area adjacent to his land and another, the City Gas Department, and cited the noise and unkempt appearance of the city property. Chairman Flowers cited the reasons why each of the other properties were operating in accordance with P & Z codes "conforming use," in the case of Beyond Blessed; were operating with under "conditional use," or, in the case of the City of Columbia property, does not come under commercial classification. Rather, Chairman Flowers said, it is defined as "government" or "public property." He also cited the fact that the automotive facility Mr. Kemp owns is on a single lot, which includes a residence and the commercial enterprise.

Mr. Kemp told the P & Z that he's main reason for wanting the change was to install a stand-alone sign, advertising he car business.

After the vote was taken, Mr Flowers outlined two steps for Mr. Kemp to follow-up on the decision of the P & Z Board:
  1. Appeal to the Columbia City Council
  2. Go before the P & Z Board of Adjustment
In recent times, City Council has been reluctant to alter decisions of the P & Z Commission.

A very interesting element of the hearing was how government entities are treated, regardless of where they a icons of the the city, such as City Hall, or, because of the nature of the work done there, not necessarily a welcome part of the neighborhood.

This story was posted on 2017-08-17 14:08:54
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P&Z: C-1 Hwy Oriented Commercial would be Spot Zoning - I

2017-08-17 - 401 Tutt Street, Columbia, KY - Photo by Ed Waggener,
The Columbia Planning & Zoning Commission voted to deny a zoning change for the property at 401 Tutt Street, which is on the single lot occupied by the brick residence and the brown building with white roof. The petition failed in main part because the Planning & Zoning commission opposes spot zoning. The browned out vegetation on the right of the photo is on city property used for material and equipment by the City Street Department. But Chairman Joe Flowers said, it is classified as "public" or "government," not commercial. - EW

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P&Z: C-1 Hwy Oriented Commercial would be Spot Zoning - II

2017-08-17 - City Street Department, Tutt Street, Columbia, KY - Photo by Ed Waggener,
P & Z petitioner Dennis Kemp cited this lot, adjoining his property at 401 Tutt Street, as having a use at least similar to commercial property, and noted problems of noise and the unkempt nature of the property - located next to meticulously maintained private property on the right of the photo - to support his petition. However, regardless of it's use, he was told, it is still "government" or "public" property, not business or commercial. - EW

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P&Z: C-1 Hwy Oriented Commercial would be Spot Zoning - III

2017-08-17 - City Gas Department, Pine Street & Tutt Street. - Photo by Ed Waggener,
The City Gas Departments Warehouse, located diagonally across Tutt Street from Dennis Kemp's property, is "government" or "public" not business, P & Zoning Chairman Joe Flowers noted, in analyzing Mr. Kemp's application for C-2 Highway oriented commercial classification his property at 401 Tutt Street. - EW

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