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BLAIR & STROUD <br /> ATTORNEYS AT LAW <br /> P. O. BOX 2135 <br /> •BATESVILLE,ARKANSAS 72503 <br /> Batesville City Council <br /> October 14, 2002 <br /> Page 2 <br /> 2. The Talburt house was for decades up until the death of Ernest <br /> Talburt, used for purposes consistent with R-2 zoning. Lot 5 is zoned R-2. <br /> Mr. Talburt ran a real estate business out of his house, including a real <br /> estate brokerage and, in later years, continuing his business of personally <br /> financing real estate and collecting installment payments on those <br /> transactions. The buildings and additions to the house which are actually <br /> located on Lot 4 have no historical value or significance. <br /> 3. The property located directly southeast of Lots 4 and 5 is zoned <br /> commercial. The property diagonally across 12' Street is zoned <br /> commercial. The request to rezone is not to rezone Lot 4 from HR-1 to <br /> commercial, but to R-2, which will make the house fully situated in the one <br /> district most significantly related to its traditional use. It should be noted <br /> • that the R-2 classification was not a conditional use, and the fact that no <br /> business is being currently carried on in it, due to the death of Mr. Talburt, <br /> does not change its R-2 designation or the right to use it for such purposes, <br /> unless, the HR designation which covers approximately 3 feet of the <br /> original house is taken into account. <br /> 4. The Planning Commission's refusal to set a precedent in this <br /> situation is misguided; this situation is unique, in that an existing house is <br /> divided into 2 zoning classifications. Making this change, which is <br /> eminently reasonable, would only set a precedent, if at all, for other houses <br /> which are divided into 2 zoning districts. The appellants know of no other <br /> lot in the district which has those characteristics. <br /> 5. The appellants have offered to remove from Lot 5, permanently, <br /> the house trailer, which is, and has long been on that lot. The removal of <br /> the house trailer, if would seem, would be of more benefit to the adjoining <br /> neighborhood than allowing the zoning to be adjusted to comply with the <br /> traditional use of the property in its entirety. <br /> I am sure there will be other reasons presented to the City Council <br /> • for it to consider in reversing the decision of the Planning Commission, and <br /> I will appreciate it if you will notify me when this matter can be placed on <br /> the City Council's agenda. <br />