06-13-11 Common Council Meeting Minutes

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REGULAR MEETING JUNE 13, 2011 In rebuttal, Mr. Agostino stated that the allegation that both houses being advertised as five bedrooms is denied. The houses are not that big where they could be used as five bedrooms. He reiterated that this seems to be discriminatory against students and also seems a little discriminatory toward Mr. Bumbaca because there are those houses on South Bend Avenue and St. Peter Street and on Sunnyside. There is also a group home located at 711 Turnock where there are more than 10 individuals unrelated persons in the same area who were allow there. He stated that every individual should be allowed to participate equally and not be discriminated against. He reiterated that this is a private investment, using his own property within the rules for the best way that they see fit for that property and to make a living especially in this tight economy. Mr. Agostino stated that they should be allowed to make a private investment and private investment should be encouraged by the Council. Councilmember Oliver Davis asked if the petitioner has been in communication with Councilmember Puzzello, the District Councilmember for the area and the neighbors and various neighborhood organizations. Mr. Agostino advised Mr. Bumbaca to speak with individual Councilmember’s so he could explain what his plan was for the property. He stated that he wasn’t present when those meetings might have taken place with those individual councilmember’s or the near north east neighborhood. Councilmember Puzzello wanted to clarify the mention of disliking students. She stated that she doesn’t dislike students and knows quite a number of students actually who she likes very much. It is a question of zoning. First of all, the use that the two homes have at least until graduation as stated by Mr. Bumbaca that they were both empty and Mr. Agostino stated that one was empty. She stated that she is not sure if they are currently occupied or vacant. She stated that the use is illegal because only two unrelated people are allowed in a single family home with single family zoning which this property is. She stated that the two houses are very different and that they would not make a good duplex. Councilmember Henry Davis asked what the current taxes on these properties are. Mr. Agostino stated that they didn’t have the exact amount. But they was that these properties would be assessed is by using the Gross Rent Multiplier. You take the average rent in that area and times it by the gross rent multiplier. Mr. Agostino used an example of $500.00 a month times 12 months would make $6,000.00 a year then using the gross rent multiplier depending on the year that you are talking about but for exemplary purposes it would have been a 5. So around $30,000.00 would be the assessed value on that property, that is not the exact figure, but it is the type of procedure that would have been worked out on that property. He stated that the property record card would have the exact assessed value. Councilmember Henry Davis asked if by combining the two homes would the value go up? Mr. Agostino advised that they would go to the building department and declare the cost of that new addition is going to be and get a permit to do so. A copy of that permit is forwarded to the Assessor’s Office for them to data collect and pick up on the Property Record Card for additional assessed value. . Councilmember Henry Davis asked how then were the monstrosities allowed to be built? Mr. Agostino stated that is the question that they were asking of the Council. He stated that if they were permitted and the uses in this neighborhood are generally rental uses then his client should be allowed to go forward with his project as long as they abide by the rules and regulations. Mr. Agostino stated that they shouldn’t punish his client for something that hasn’t been committed yet. 35