Kar Korner owner Robert Helmers was frustrated at almost every turn during Tuesday’s Planning Commission meeting.

Wednesday, November 10, 1999

Kar Korner owner Robert Helmers was frustrated at almost every turn during Tuesday’s Planning Commission meeting.

Acting chairman Brian Johnson stopped the angry resident each time he attempted to discuss his own property.

At issue was the rezoning of the nearly half an acre of property located immediately south of the revamped intersection of 4th St. NW and 1st Drive NW, property essentially created as a result of the realignment of the two streets in 1998. Eventually, city staff have stated that the city wants to vacate any rights to any parts of the property that it owns – both the former street and alley locations.

The Helmers’ property was not at issue Tuesday. Helmers had asked in December of 1998 that his property and an adjacent lot he purchased last year be rezoned. The Kar Korner property has been zoned residential since the 1970s, but was grandfathered in under a "non-conforming land use" permit, and therefore allowed to be used for business. However, the two were similar cases because both involved a rezoning from residential to business.

The similarities end there, however.

They differ because Helmers was denied his rezoning request by both the planning commission and the Austin City Council last December, but the planning commission voted unanimously last night to recommend rezoning of the lot adjacent to the A&W. Helmers is frustrated by what he sees as a double standard by the city.

The issues surrounding both properties are different, according to city planning and zoning administrator Craig Hoium.

"It is a very complex issue, but you have to remember that we look at each case individually," Hoium said. "Whether it’s a zoning, conditional use or variance issue, we have to look at how the proposal will affect the surrounding area, what it will do to traffic issues, whether or not it will create a hardship for anyone. Mr. Helmers is looking at his property being identical to every other case. It’s not."

In the case of the A&W property, the city of Austin is asking for the property – formerly a residence and a street zoned multi-family residential – to be rezoned to business to allow for parking for the A&W and green space for the hospital. Under current zoning, the parking lot put in north of A&W a year ago is not a conforming use. It is, however, one of two choices for that lot because the utilities that run underneath the lot would not allow for any building on the site, only parking or green space. It was also the use the city planned for the lot before the street projects were undertaken.

Assistant city attorney Fred Wellman added that both A&W and Mayo have a legal interest in the property because it is being vacated. The city has to offer the property to adjacent land owners.

"Through the vacation process, Bud Johnson (A&W owner) and Mayo do have a property interest," Wellman said. "Also, in a rezoning issue, you have to look at what is good for the public welfare as well as what is outlined in the Comprehensive Plan. Obviously, traffic control affects the public welfare and that corner had long been a problem."

David Ingalls and his wife were the only neighbors at the meeting to question the rezoning. The Ingalls wanted to make sure another business couldn’t go in the lot – Hoium assured them that because of the underground utilities present there the lot would not be developed.

In other business, the planning commission voted unanimously to recommend approval of a preliminary plat for 10 residential lots on 17th Street SW.