12-14-09 Common Council Meeting Agenda & Packet

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Area Board of honing Appeals — September 2, 2009 is three generations of his family and it's time to leave and that's all he wants to do. And he can't afford to do that because the value of that property, the way it's zoned right now is practically nothing. NTo single family would want to purchase and live in the midst of that and the rental value would be very small as well so we're hoping that you will, that the staff will change their recommendation and you will pass this on to the Connnon Council with a favorable recommendation because he's really hung on. He's the last of the Mohicans here and it's just it would be grossly unfair if you stick him there. MR. URBANSIU: Area Plan would you like to respond to your recommendations? MS. NAYDER: The main difference between this proposal and the Douses that have been grandfathered or have been legal non - conforming uses, is that the legal non - conforming uses have the potential to go back to being single family homes where this is a permanent situation. Once they rezone this and do the Special Exception then it will always be zoned that way and have the Special Exception attached to it. The properly to the east which is the, which shows up as a PUD, that is like a condo townhome. We have not received a final site for that property so it's still in a pending situation. The property is currently zoned "SE1". It under the wa� to rezoning or a petition has been filed to have it rezoned to "MM ". It is on the agenda for the September 15 Area Plan Commission meeting however we have not gotten the ownership clear title yet. So just to mare sure that these two go together if you give a favorable or unfavorable recommendation that it is contingent upon the "MFI" rezoning because without the "MFI" rezoning you can't even have an apartment in "MM ". I just wanted you to know they would be combined. MR. PHIPPS: Christa, the neighboring uses are because of previous zoning? MS. NAYDER: No they're not from previous zonings, they are ones that have proved that they've had, and the Building Department can answer this question better how they determine the legal non - conforming use. MR. LYONS: I can't speak as to whether or not these houses have specifically gone through the process but generally a lot of this area was zoned "B" Residential previously under the old ordinance. That "B" Residential district allowed boarding houses as a permitted use, which is how student housing was done at that time. Obviously it was rezoned to "SF2" under the new ordinance. Any home that would have maintained that student rental with no 12 month consecutive gap, would be allowed to continue to use their home and boarding house student rental type use. MR. PHIPPS: How many would you be allowed to have under "SF27 MR. LYONS: You would be allowed two under the "SE2" district. MR. PHIPPS: Two unrelated people. So if they did not rezone it, or if it was not rezoned, it doesn't mean he can't rent it to someone, it just means he can't rent it to more than two people? MR. LYONS: Right. MR. PHIPPS: But the neighbors are able to do that because of the previous "B" zoning. 39