07-26-76 Council Meeting Minutes

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REGULAR MEETING JULY 26, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Chester Zakrocki, 3620 Brentwood, spoke in favor of the rezoning. He indicated many doctor'; offices are in residential areas. Mr. Robert Dehaan, 4030 Miami spoke in favor of the rezoning. He said he has never seen any con• gestion problem around the office, or a traffic problem. Mr. Greg Swick, 1132 Byron, spoke regarding the traffic congestion. He said he did not think 20 parking spaces would alleviate the problem. Council Member Dombrowski made a motion to continue this hearing until August 9, seconded by Council Member Kopczynski. Council Member Taylor said he did not think the hearing should be continued. Council Member Miller said he would like to discuss the ordinance further. Council Member Adams indicated she would like this continued until August 9. She said this was an existing situation, and she would like to look into this further. The motion failed on a roll call vote of three ayes (Council Members Kopczynski, Adams and Dom- browski) and five nays (Council Members Serge, Miller, Taylor, Horvath and Parent). Council Member Serge indicated that the doctor had purchased more property in that area and he wanted to know what he intended to do with it. Mr. Hardig indicated that the doctor owned a rental property one door away from the building in question. He said the doctor was just renting the property, and he had no plans to change the exterior of his present building. Council Member Serge said the Council was not known to approv "spot" zoning. Council Member Serge wanted to know if the doctor planned to expand his business by bringing another doctor in with him. Mr. Hardig indica t--d that he did not believe "B" re- sidential was "spot" zoning and the doctor had no such plans to bring in another doctor. Council Member Taylor said he would like to know how long the doctor resided in the home in question. Dr. Kotoske said he purchased the home in 1968 while he was an intern, and he and his family remodeled it. He said they lived there less than one year. Council Member Taylor asked why he did not take his practice when he moved. Dr. Kotoske indicated he thought it was a good location and the office was an asset to the neighborhood. Council Member Taylor indicated that the doctor has had so much success that he has simply outgrown an "A" residential area. He said this was putting the Council in a position of granting a special favor. He said the law has to be equally applied to all citizens. Council President Parent asked the reason they were requesting the Council to continue hearing on this matter. Mr. Hardig indicated that this rezoning was very important to the petitioner, a lot of things were made known to them recently. He said there have been many rumors and they wanted to trace them down. Council President Parent indicated the City had tremendous difficulty in enforcing zoning laws. He said he thought the Council has a right to preserve, protect and strengthen the neighborhoods.', He said if the Council was not going to enforce or obey the zoning laws they should be taken off the books. He indicated the law states that the doctor has to live in the house, in order to have his office in that location. Council Member Kopczynski said he thought this was a very important issue, and he thought the petition against rezoning should be looked at very carefully. He said for these reasons he would like to see this continued until August 9. Council Member Adams said it was her under- standing that a cease and desist order came about after you sought to change the zoning. Dr. Kotoske indicated that was correct. Council Member Adams indicated that since the doctor was not going to increase his staff, the increase of eight parking spaces would help the traffic problem. Dr. Kotoske said he would like to mention that he practices internal medicine and does not treat a lot of people a day. He said he rarely sees more than 35 people a day. He said he only practices four days a week, and the real traffic problem is with the golfers on Friday through Sunday. Council Member Adams said with thirteen spaces, you would have nine available for patients. She wanted to know if the doctor would ever have that many. Dr. Kotosk said he books four patients an hour. Council Member Miller questioned the sentence in the zoning ordinance which states "All prior ordinances affecting the above described tracts of land in conflict herewith are repealed ". He said it would seem to him that this would repeal all of Broadmoor. Mr. Thomas Brunner, City Attorney, said he had not had an opportunity to look at this language, but he would suggest that it was form language. Mr. Hardig indicated this was form and perhaps it could be made clearer. Council Member Miller said it would seem to him this would have to be changed. Mr. Hardig indicated that since the ordinance describes only the land owned by Dr. Kotoske, this was all that was effected. Mr. Brunner said he did not pretend to be an expert on zoning, but he believed Mr. Hardig's interpretation was the correct one. Council Member Mill said he would feel more confortable if this would be cleared up. Mr. Brunner indicated his staff would look into this situation. Council Member Serge indicated that the neighbors have been living with this condition for eight or nine years and now that the doctor is attempting to better the location, they are disturbed. Council Member Dombrowski indicated that when he made the motion to continue the public hearing, he did so in order that both sides could correctly present their case. He said now, he would possibly like to go out and look at the location himself. He said he would again like to make a motion that this hearing be continued until August 9, seconded by Council Member Kopczynski. Council President Parent said he would like to speak in favor of that motion. He said this was a complex issue and time should be taken to look at what impact it may have. The motion carried