However, old information that’s come to light isn’t expected to make a material change in the decision.
On Feb. 18, the commission voted 4-2 against granting Russell Warren a variance to operate an auto body and repair shop at 605 N. Dudney.
Warren owns the building with Billy Penick.
The commission made its decision based in part on the belief that the building is zoned Residential 3, which does not allow for businesses such as auto body shops, although the location had been used that way in the past.
CLICK HERE to read the article about the Feb. 18 Planning Commission meeting.
City inspector David Nelson said Feb. 22 that Penick visited his office later to express his belief that 605 N. Dudney is zoned as commercial property.
Nelson said his research indicates that the Magnolia Planning Commission met on Jan. 6, 2003 to rezone lots 4, 5, 6, 7 and 8 of the Barden Subdivision from R-3 to C-3.
The minutes state that they "hoped to have a medical facility located there in the future.”
The rezoning recommendation passed by a 5-1 vote. The final decision on the rezoning went to the City Council and was approved on Jan. 13, 2003.
“So yes, after researching all of this, I have found that the property is actually zoned C-3. However, a C-3 zone still does not allow for an automotive repair shop,” Nelson said in an email to magnoliareporter.com.
A look at the city’s “Zoning and Subdivisions Regulations” book affirms that C-3 is the most restrictive of the city’s commercial zoning districts.
Among permitted C-3 uses are retail establishments selling goods; restaurants; professional offices; banks; automatic laundries; places of public assembly; single-, two-family and multi-family housing; nursing homes; and kindergartens.
Automotive repair and auto sale locations and automotive service stations are expressly prohibited activities in C-3 zoning.
Other prohibited C-3 uses includes dry cleaners; warehouses; wholesaling; any process or manufacturing that’s likely to provide a nuisance from noise, odor, dust or vibration; commercial signs; theaters; funeral homes; fast food restaurants; funeral homes; veterinarian clinics; manufactured home parks; hotels; and oil/gas/brine wells.