Neighborhood divided over zoning case

Downtown Plano residents and property owners took on a proposed zoning change for Carpenter House, a 114-year-old property near the corner of 16th Street and M Avenue at Monday's city council meeting.

For the past 20 years, the property, which is zoned multifamily, has existed as a bed-and-breakfast under a zoning exception approved by the Heritage Commission in 1992. But over time, the business on the property has transitioned to event hosting, with weddings and parties comprising an ever-increasing chunk of its business.

While such a use is not allowed by zoning or the Heritage Commission's bed-and-breakfast designation, the city did not pursue enforcement for a number of years due to a lack of complaints. In June of this year, however, neighbors began to complain about noise and parking violations, prompting the city to send a cease-and-desist letter to the business.

The building's owners since 2000, Stanley and Pat Black, began working with city staff to get an additional use for Assembly Hall approved this year. Their request passed through the Heritage Commission in July and the planning and zoning commission in October.

On Monday, the issue came before the council. Approval required a three-quarter majority vote since nine nearby property owners, one of whom later rescinded their opposition, wrote letters to the city opposing the change.

Speaking to the council, Pat said when she and Stanely bought the property and associated business it had already been established as a wedding and event spot for eight years, and that she and her husband operated the business with only four noise complaints in 12 years.

"In the last two years, I've had only six calls from people inquiring about a [bed-and-breakfast] stay," she said. "In order to keep our 114-year-old property and almost one-acre oasis in the heart of Plano in good repair, we must be able to continue to host events for the public."

The Heritage Commission set several conditions for approval of the Blacks' request: no more than 45 people may occupy the building at one time, no amplified music will be allowed on the property and no outdoor or indoor activity may take place after 10 p.m. The business also has plans to add 12 parking spaces to the rear of the property.

But Randy Wright, one of five nearby property owners and residents who spoke in opposition to approval, said restricting the number of guests to 45 gives little comfort to nearby neighbors since the owner's admitted average party size of 35 guests has already caused problems.

"The owner wants to sell the property and maximize his gain, but we don't know what the future owner might do," Wright said, alluding to alleged placing of the property on the market for a brief period this year. "If council later determines this zoning is bad, they'll have to go back through the entire zoning process to walk it back. It's much easier to deny this application."

Janis Allman, owner of the nearby Grind Stone Apartments, said there is a 20-year history of noise and parking nuisances at the property. She cited two examples as recent in May and June in which unfamiliar vehicles parked on her property during an event at the Carpenter House.

"They have been operating illegally all these years at the expense of the neighborhood," she said. "You may ask, 'Why are you all just now complaining?' We have complained, but it seems there is no cumulative record of complaints."

After both sides made their case, Councilman Pat Miner said assembly halls in other parts of the city are not located in residential neighborhoods and have large amounts of parking, adding that the historical neighborhood in which the Carpenter House resides has narrower streets and restricted parking availability.

"Knowing that this is a bed-and-breakfast as it's designated now, I have no problem with this designation," he said. "I do have a problem allowing an assembly hall to be operated within a residential neighborhood. That bothers me to my core."

Councilman Pat Gallagher said he would support the findings of the Heritage Commission and the planning and zoning commission.

"One of the gems in this area is the Carpenter House," he said. "If you take the Carpenter House away, you take a step backwards."

Mayor Pro Tem Lissa Smith said she knows the Carpenter House has been used for an assembly hall use for many years, and said she remembers having an event at the house 20 years ago for the League of Women voters.

"I'm hoping that the two sides will work together to make it work," she said. "It is an historic facility ... What a spectacular place to have an event."

By the end of the council's discussion, two council members stood opposed to the change, while five council members expressed support. In absence of a vote from councilman Lee Dunlap, who did not attend the meeting, the council decided to table the vote until the Dec. 10 meeting.

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