Zoning request controversy
LISA HOBBS - News Editor
The McMinnville Board of Mayor and Aldermen will be tasked with deciding if a request to rezone a Main Street property to commercial will be approved.
McMinnville Regional Planning Commission Chairman Jerry Williamson expressed his belief on Tuesday that the measure will not pass.
“This will go to the mayor and aldermen, if you don’t withdraw it,” stated Williamson. “You realize that board members are sitting here, including the mayor.”
That statement was made to property owner Robin Bain, who stated she would not be withdrawing the petition. She has requested that the city consider a zoning change on her property, located at 503 W. Main Street, so that she may open a law office there. Per the petition considered by planning commission members on Tuesday, the change would be from R1 Low Density to C1 Central Commercial.
“I would like to have an office at that residence,” she stated. “I’m not going to be selling retail. I’m not going to have a drive thru. I’m asking to be allowed to have a law office by appointment only. I don’t think you, necessarily, have to change the code in this situation.”
She pointed out that at one end of the street there is DC Tires and at the other end is Hardee’s, both commercial businesses, while her property is approximately in the middle of those two.
“I believe that I would bring a benefit to this community. I take court-appointed work through the courts. I would be of service to the courts here, the judges, as well as our community. I’m asking, respectfully, for you all consider that and allow me to have a law office at that address.”
While the paperwork stated she requested a change to C1, she denies that.
“I don’t know that I requested C1,” Bain stated. “I think Residential 5 would be more appropriate. It’s more of a transitional. Looking at the code that I’ve researched since I talked to Mr. Garrett and came here today, is that R5 provides a transitional area, which is a mixture of residential and commercial.”
As explained to her by planning commission members, they can only consider what’s in the petition and it cannot be changed. She was asked if she’d like to withdraw and refile, to which she stated that she would not.
“That is one of the most respected community R1 residential zones in McMinnville,” said Williamson.
Mayor Ryle Chastain stated, “It could very well impact the area because this sets the precedent for commercial zoning to spread outward from your lot.”
Bain offered to rewrite her deed to restrict the property’s use to a law office only and if it’s ever sold, the property would revert back to an R1.
“There’s just too many problems with that,” said Williamson.
Chastain added, “We can’t approve things based on what if or maybe, because anything can happen after the property is rezoned.”
Bain argued that there are commercial properties at each end of the street.
“It’s still not contiguous,” stated Chastain. “DC Tires is basically grandfathered in. That property has been there even before we had zoning codes within the city limits. All of the properties around Hardee’s that you mentioned are commercial and they are isolated right there. So, it’s not a contiguous pattern in the zone.”
Several residents attended the meeting.
“I’m representing the citizens who have reached out to me. My name is Christy Ross. I’m a District 1 Commissioner. This property falls in District 1. This is one of the nicest streets in our community. Its character and its consistency are part of what makes it valuable. Changing the zoning on one property could set a precedent on other properties in the future, as you’ve discussed. If we approve this request, what objective standard would prevent the next property owner on this street from requesting the same exception. We ask that you please do not rezone this parcel.”
Ross spoke to Warren County Way and stated that her phone has been “ringing off the hook” with individuals complaining about the rezoning attempt. Because of that, she felt compelled to attend the meeting and speak on their behalf.
Neighbor Sarah Cantrell also objected, “We bought that home because we understood and appreciated the R1 zoning of it. The historical significance of that area to the city of McMinnville. It’s full of historic homes. They’ve had good stewards throughout the years. We not only ask that you do not consider this C1 rezoning request, but we ask that you keep it R1 because of the continuity and the history of the residences and condition of the area.”
Planning commission members unanimously denied the request. Being an advisory commission only, the final decision will be that of the McMinnville Board of Mayor and Aldermen.
According to Community Development Department Director Sean Garrett, the public hearing must be held. Prior to that, the meeting must be publicized for 21 days before the measure can be added to the agenda for city officials to consider.