P&Z RESISTS FUNERAL PARLOR AMONG HOMES

CAPE GIRARDEAU -- The city's Planning and Zoning Commission Wednesday voted unanimously to recommend the City Council deny a request for a special use permit for a funeral parlor off Cape Rock Drive.

Most of the about 50 people who attended the commission's meeting Wednesday were opposed to the request by the Wisconsin Evangelical Lutheran Synod and K&K Construction and Development Co. to put a funeral parlor at 2441 and 2437 Jean Ann Drive.

The parlor, which would be operated by Lorberg Funeral Home, is proposed on the former site of the Wisconsin Evangelical Lutheran church. The church had operated at the site with a special use permit but has since closed its doors.

Thomas L. Meyer addressed the commission on behalf of the special use permit, saying that a funeral parlor would be consistent with the former church's use of the property.

"It's a very dignified profession, funeral director," Meyer said, "and, as you know, funeral parlors keep their property in excellent condition."

But residents of the neighborhood surrounding the property said they were opposed to any commercial operation in the residential area. Many of the residents who addressed the commission said they also opposed the initial special use permit for the church.

Opponents of the request said the funeral home would increase traffic on the already congested Cape Rock Drive. They also said the intersection of Jean Ann and Cape Rock has dangerous little sight distance.

Keith Deimund, of 2316 Jean Ann, also said the street isn't wide enough to meet city requirements for entrances to commercial properties. He said if the street is widened, abutting property owners likely would have to pay for the work.

Edward Downs, 1331 North Cape Rock Drive, said that once a commercial property is approved in a residential neighborhood, property owners no longer are protected against further commercial development.

"Where do you stop?" Downs asked the commisioners. "If you don't allow a funeral home, are they still going to try to get a commercial use for it? It's time to stop doing this and leave it a residential area."

Mike McCrate, 1252 North Cape Rock, said: "If you build a large building there and it doesn't work, what do you do then?"

Charles Hutson, 2408 Erna, said he also opposed the special use permit for the church that was granted several years ago.

"A lot of concern when the church tried to get a special use permit was the traffic and what would happen if the church tried to move," Hutson said. "We're witnessing that tonight."

Hutson said the commercial proposal in the residential district showed "signs and shades of spot zoning.

"It's not in the best interest of the city to start putting commercial businesses on residential properties," he added. "It's just hard to really govern and enforce the original intents of special use permits."

Meyer contended that the proposed funeral home would not deter from the neighborhood's residential qualities. He said the prospective buyers of the property have offered to build a drainage retention basin on the property to try to allay flooding problems there.

"My personal feeling is that this operation would be a compliment and an attractive edifice in any neighborhood," Meyer said.

But Fred Goodwin, 1359 Karen Drive, said he saw no adequate justification for the funeral home on the site.

"I think the justification is not there," he said. "You need to look for something that's in the public interest or for public benefit, and it's not there."

Goodwin said K&K plans to invest up to $600,000 to renovate the property, an indication of the scope of the business that would operate there.

"That's not small potatoes," he said. "That's a big business, and it's a proposal right in the middle of a residential area."

The commissioners, apparently in agreement with the property owners, were unanimous in their opposition to the special use permit.

"Regardless of the use of the property, whether it's a church or a funeral home, we're putting a commercial enterprise in a residential area against very strong opposition," Commissioner Joe Gambill said.