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Plan Commission delays rezoning request for East 38th Street site after neighbors raise concerns
Summary
Petition 15-25, a request to rezone about 5 acres on East 38th Street from I-3 to I-1, was continued for 30 days after commissioners and a neighbor said the applicant lacked specific plans and findings of fact contained a typo; the petitioner agreed to return with detailed drawings and counsel.
The Anderson City Plan Commission voted on Dec. 9 to continue petition 15-25, a rezoning application from I-3 to I-1 for a roughly 5-acre parcel in the 500–700 blocks of East 38th Street (filed by ATVMS Trust), after commissioners and at least one nearby resident asked for clearer plans and corrected findings of fact.
A designated representative for the petitioner, who gave his name as Sergei, acknowledged an error in the packet: the exhibit referenced in paragraph 3 of the findings of fact does not exist. Sergei said, “It’s it’s non existent,” and agreed the paragraph should be stricken. Commissioners repeatedly urged the petitioner to provide drawings and a clearer explanation of proposed uses before the commission considers a zoning change that would allow commercial storefronts adjacent to single-family homes.
Commissioners expressed concern that approving the rezoning without detailed plans could amount to spot zoning. A neighborhood resident, Kristy Krabowski of Hilltop Heights, told the commission she has lived in the neighborhood for 30 years and asked the commission to avoid approving an undefined commercial use next to homes.
The petitioner requested and the commission granted a 30-day continuance to allow the applicant to submit detailed plans, corrected findings of fact and to have the applicant’s attorney attend the next hearing. The continuance preserves notice and review rights for both neighbors and city review bodies and does not constitute approval of rezoning.
