12-14-09 Zoning and Annexation Committee

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Bill No. 57-09 -Rezoning 616 N. St. Peter Bill No. 09-60 -Special Exception 616 N. St. Peter For purposes of public hearing Vice-Chairperson Oliver Davis allowed Bill Nos. 57-09 and 09-60 to be heard together. Christa Nayder, Staff Planner, Area Plan Commission, reported that the request was for rezoning from SF2 to MF1 to allow for student rental to more than 2non-related individuals. The special exception would allow up to 5 non- related individuals to live in the MF 1 property. Ms. Nayder reported the Area Plan Commission hearing resulted in an unfavorable recommendation to Council. The Area Plan Commission's rationale was stated as one in support of returning the block to single family use. This position is in concert with the Northeast Neighborhood Development Plan favoring single family use. The Area Plan Commission sent Bill No. 09-60 for the Special Exception with no recommendation. Vice-Chairperson Oliver Davis then asked the petitioner to state his case. Frank Perri a Real Estate Developer and stated friend of the petitioner spoke first. He said, in effect the desire for single-family use in this block through well-intentioned was too little, too late. He said the block and neighborhood were already multi-family in character. In fact two apartment buildings were recently built at the end of the block and five homes on the block were already legal non-conforming student rentals. To prevent a rezoning request would be an injustice, even possibly regarded as arbitrary and capricious. The petitioner Mr. Dragovich echoed Perri's arguments. He aid a refusal to rezone would unfairly punish him for trying to do things correctly by the book. Councilmember Ann Puzzello, District Councilmember in the azea, member of the Area Plan Commission, and the Near Northeast Neighborhood Group, spoke opposed to the petition. She restated the Area Plan Commission's opinion against. In addition she recounted the Near Northeast Neighborhood's opposition to additional student housing as well as her own efforts as Councilmember to control off-campus student rowdiness. She asked the Council to support her efforts to draw the line on additional student rentals. Bill Stenz, resident of the NNE, spoke in opposition to the rezoning also taking Mark Kramer, a landlord with many student rentals in the area, to task for the operation of rentals in violation of zoning codes.