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t Zoning and Annexation Committee January 13, 1997 Page 3 Mrs. Gartee also noted that the property in question has always been occupied and has not stood vacant.Mr. Gartee stated that this is a stable neighborhood which includes Marshall Elementary School which is a diverse neighborhood of average income individuals. Mr. Stancoti also spoke against the proposed rezoning. In rebuttal, Mr. Walz noted that if the rezoning is turned down that it is correct that the petitioners bought the property outright. He also questioned the legal integrity of the petition noting that there was no control over how the signatures were gathered,however it is proper. Councilmember Hosinski noted that there no opponets to the proposed rezoning at the Area Plan Commission which is one consideration. He noted that he has lived in the Broadmoor area up until the summer of 1996 and has concerns and reservations about the proposed rezoning in light of further information and the number of calls which he has received. The Council Attorney questioned Mr. Walz as to how many mailing notices were sent since the petition lists twenty-four signatures within a three hundred foot area. Mr. Walz believes that many of these were duplicate mailings for husbands and wives with approximately thirty being sent in total. The Council Attorney also questioned why the"F' height and area classification was requested. Mr. Kil, the architect, noted that it was the least restrictive with regard to parking considerations. Dr. Varner noted that the highest and best use for an individual property is often based on a time line. He believes that the restaurant was and remains the proper cutoff and with the City's focus on neighborhoods,that the property in question should remain residential. Councilmember Coleman noted that he does know the family in question. They have been fine business individuals. However, tonight's decision is a land use decision which will impact other areas of Ireland Road. Following discussion,Councilmember Varner made a motion seconded by Councilmember Pfeifer that Bill No. 95-96 be recommended unfavorably to Council. The motion passed. Following the vote, Mr. Walz requested that Bill No. 95-96 be tabled indefinitely at this evening's Common Council meeting. There being no further business to come before the committee the meeting was adjourned at 5:00 p.m. Respectfully submitted, Council Member John Hosinski Chairperson,Zoning and Annexation Attachments