03/12/07 Council Meeting Minutes

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REGULAR MEETING MARCH 12, 2007 things about the City. But the Council is going to be faced with this same issue time and time again, despite the fact that they may be unique to Mr. Dosmann, everyone will present their case as unique and precedent will have been sent. The best situation for this is just to leave as it is. If the return on the investment is that important to Mr. Dosmann, then the renovation modification to the apartment is probably to best solution rather than a Special Exception. Councilmember Kirsits stated that his heart goes out to Mr. Dosmann and he understands what he is trying to accomplish. However, the Council has to be very careful with the granted of Special Exceptions. The four points proposed that were mentioned that allow the Council to grant a Special Exception, could be debated both ways, where it is going to injury the public health or adversely effect property values, maybe it will, maybe it won't a block over might actually have a different effect. He stated that he worries about giving a special exception to a house, a group resident house. Councilmember Kirsits advised that he specifically remembers being at a meeting with members from the University of Notre Dame and asking if they were going to increase the number of students attending the University. The reply was not significantly. With all this construction going on, with all these townhouses being constructed, the plan on Eddy Street, he wonders if the supply is going to be to great for the demand. If the students are attracted to Eddy Street with the rows of apartments on top of the commercial development, now there is spot zoning with a special exception for group residents. Now, what does that become a bunch of railroad workers or whatever that the Council would allow for young men that may not want to go to College. Councilmember Kirsits stated that he would stay with his unfavorable recommendation to full Council. Councilmember White states that the proposal before the Council tonight states that one size does not fit all. She thinks that it is very important that as a Council they look at each project that comes before them very uniquely. Each project needs to be evaluated on its merits. She noted that it is very important that the Council hear from all the neighborhood organizations to get there feedback. Councilmember White stated that she will be voting in support of the Special Exception. Councilmember Kelly stated that he has been all over the place on this issue. The problems have to be controlled by the landlords. By establishing rules, like Mr. Dosmann has in this particular case but then following up and making sure those rules are enforced. Obviously, they are not in many cases, by hearing all the horror stories that we have heard here tonight. Councilmember Kelly stated that he too was once a student himself, as yes they partied, but they were older and wiser and did not party to the extent that it created difficulty for anyone else. The point is that the neighborhoods have to be safe and suitable for families to live. Councilmember Dieter stated that he appreciates everybody support depending on which side you think is better suited to what you believe in. He stated that he thinks there is a middle ground for this. This is a unique situation that calls for a Special Exception, and with Mr. Dosmann's business being right next door, he can keep an eye on this. Councilmember Dieter stated that he is in favor of granting a Special Exception. Councilmember Kuspa stated that there are good and bad landlords and tenants. The landlords need to be responsible for who they are renting to. Councilmember Kuspa stated that Mr. Dosmann is trying to do the correct thing by asking for a Special Exception and he will be voting in favor of granting that. Council President Rouse stated that this issue goes far beyond Special Exception for house that can already become student housing, by just adding an apartment. The Council is making a statement here tonight, about whether or not to support small and medium size businesses. There is a turf war of sorts going on between that side and the Northeast Neighborhood Association, which he does support and has stood before this Council in support of the Associations. However, Mr. Dosmann is going have students in that property whether it is going to be six (6) or four (4) is up to the Council. He thinks that four (4) is probably better fit for the neighborhood than six (6). The other side of the issue is the economic side. Here is a gentleman that has a record to show that he and his 19