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141 REGULAR MEErING OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, DECEMBER 20, 1976 Present: Mayor Emmie Craddock Councilmen Frank T. Arredondo Ted Breihan Robert L. Cavazos John Hansen Kenneth E. Sutton I City Manager City Attorney City Secretary Director of Public Works Director of Finance Director of Community Development James B. Baugh Charles E. Evans Doriss Hambrick William T. Friedrich Earl T. Williams Albert Sierra Also present: Richard Santellana; Charles Stone; Jake Krauskopf; Terry Roberts; Howard Yeargan; Emmett McCoy; Allyn Gill; John Morrisset; Lem Cox; Thomas A. Harwood; Joe Tokash; Mrs. Belle Frazier; Mrs. Helena Menne; Mr. & Mrs. Lloyd Mutschlechner; Rita Torres; Lawrence Pool; Sheryl Anderson; Thomas J. Williams; Soila Rodriguez; pordon Hyatt; Gordon Thompson; Herbert A. Yarbrough, Jr.; Kathleen Morris; Henry Kyle; Dudley Dobie; Don Laine; David Morrison; Charles Varnell; Jim Alvis; Jerri Martin; Rowe Ray; Gary Bond; Melissa Mil~ecam; and others. The Mayor called the meeting to order at 7: 30 p.m. The Minutes of the Regular Meeting held December 13, 1976, were approved on nIDtion of Mr. Cavazos and second of Mr. Sutton. Mr. Hansen moved the reappointment of Allyn Gill; Emmett McCoy, and Howard Yeargan to the Airport Commission. Mr. James seconded the motion, whiclihpassed unanimously. Mr. James commended the Commission for its leadership in securing airport im]?rovementsl I The Mayor opened a public hearing to consider a re~uest for a, change in the zoning of Lots 27, 28, 29 and 30, Block looftthe Zack Williamson Second Addition from "R-l" (single family residential) to "c" (commercial). Lem Cox, owner of the propertYI was present and represented by attorney Thomas A. Harwood. Mr. Cox stated that he needed the zoning change in order to expand his warehouse facilities. He explained that the business had been started prior to the property having been annexed into the city. Mr. Cox said a variance from the Zonipg Board of Adjustment would not be suff,icient to secure financing for the expansion and that the property' could not be sold with 'the "R-l" ioning. Mr. Harwood described petitions which had been submitted I in support of the re~uest. (Petitions both in support of and objection to the change may be found in the official zoning files of the city) Joe Tokash came before the Council to state that the business was a nuisance in the neighborhood since it allowel boxes and packing material to blow onto adjoining property. Other persons owning property in the area .mo objected to the re~uested change on similar grounds were Mr. Belle Frazier, Mrs. Helena Menne and Mr. & Mrs. Lloyd Mutschlechner and Mrs. Rita' Torres. Mr. Mutschlechner purthefr objected to the inade~uacy of the streets for the traffic generated by the business. The Mayor closed the hearing and read an ordinanc having the following caption: I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTION 3 OF THAT ORDINANCE WHICH REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, DATED MAY 23, 1966 (VOL. 32) BY CHANGING THE ZONING OF LOTS 27, 28, 29 AND 30, BLOCK 1 OF THE ZACK WILLIAMSON SECOND ADDITION, LOCATED AT 500 W. MARLETON, FROM "R-l" (SINGEL FAMILY RESIDENTIAL) TO "c" (COMMERCIAL). Mr. Breihan moved the Ordinance be approved on first reading. Mr. Sutton seconded the motion. Mr. Sutton said he felt it was unfair to annex an already existing business into the city and then to restrict it from expansion. Mr. Breihan agreed. The Mayor agreed that it was an unusual situation in that the business exi8ted prior to its annexation, but that spot zoning was not desirable. On roll call, the follow ing vote was recorded: AYE: Hansen, James, Sutton, Arredondo, Breihan, Cavazos NAY: Craddock.