03-08-04 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee The March 8, 2004 meeting of the Council's Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa,at 4:27 pm in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter,Pfeifer,Kelly,Puzzello, Varner,Kuspa, Coleman,Kirsits, and White,Jeff Myers, Building Commissioner Don Fozo, City Clerk John Voorde, Timothy Hughes,Richard J. Deahl,Mike Morris, Terry Bland of the SoutR'Read TitibuKe,and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee consisted of Council Members Puzzello,Kelly,Kelly and himself. Council Member Kuspa called for a presentation on Substitute Bill No. 3-04 which is a rezoning request for the property located at 234 Tonti Street. Jeff Myers of the Area Plan staff noted that the Area Plan Commission held its public hearing on February 17,2004 and sends the Bill to the Council with an unfavorable recommendation. The Commission believes that permitting a two-family zoning in a single-family neighborhood would not be desirable. The property would be zoned SF2 Single-Family under the new zoning ordinance. (report attached). The petitioner, Timothy Hughes,then addressed the Committee. He noted that he lived at the property for seven(7)years but does not live there currently. He stated that he has improved the property and that people are "getting excited over a definition". He noted that he needs to refinance the property in light of the property taxes. He circulated a petition signed by ten(10)people in favor of the proposed rezoning. He noted that he is maintaining the property "very well". In response to a question from Council Member Dieter, it was noted that Mr. Hughes contacted twenty(20)home owners near the site with several not being home. Council Member Kirsits stated that the North Shore Triangle Association is against the proposed rezoning. They believe that the zoning should not be for a duplex. They understand that Mr. Hughes needs to refinance the property but they are concerned that if the property is sold that it could become a tri-plex which is located in the middle of single-family residences. Council Member Kirsits noted that it appears that the situation is similar to the one in the northwest which was later withdrawn. Mr. Fozo stated the if the property is a legal non-conforming use in existence prior to 1968 then it would be protected and a rebuild letter could be issued once the new zoning ordinance becomes effective. If it is not a legal non-conforming use then information would have to be submitted, a petition would have to be filed for BZA consideration as a special exception with the Council having the final authority in the area, once the new ordinance is in place.