11-08-76 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 81 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED I talked to Mr. Wilborn today, and he assures me he does not want to antagonize anyone -more specifically the Park Avenue Neighborhood Asso. He has operated his laboratory in its present location for 29 years, and always had the best relations with his neighbors. His laboratory has a pick up and delivery service, and does not deal directly with the public. Therefore, no traffic congestion results because of his business. It seems the Park Avenue Neighborhood Asso. does not want the area zoned "commercial ". Mr. Wilborn does not either -if there is any other way to resolve the situation. He operates his business at this location under a "use" variance. This was granted before the present zoning laws evolved. It seems only sensible that he be allowed to continue in the same manner with permission to make the small addition he needs for health reasons. This s6lution would satisfy all parties, and be of benefit to the community. Thank you for your indulgence. /s/ H. W. Francour, D.D.S. Mr. Richard Ludwick, of the Park Avenue Neighborhood Association, indicated that if this property was rezoned to "C" commercial and it was sold in the future any business allowed under that classification could be operated on this property. Mr. Tony Molnar of Area Plan, indicated that the City Zoning Code would not allow any other use to go in without first being approved by Area Plan and the City Council. Mr. Earl Wilborn, the petitioner, indicated that he had contacte PANA about having a meeting with them, and he was told that he could meet with them, however, they would not change their mind about the rezoning. Council Member Taylor questioned the City Attorney, regarding the zoning code. Mr. Brunner, City Attorney, indicated that if the property was sold it could only be used for the purpose it was rezoned. Council Member Taylor indicated that it appeared there was a misunderstanding as to what could or could not be done if the pro- perty was rezoned, and he thought the matter should be discussed further. Mrs. Donald Miller, 319 W. Marion, spoke in favor of the rezoning. Mrs. Delores Kovas, 608 Park Avenue, indicated PANA had fought to have this property upgraded and there was a petition with two hundred and fifty signatures circulated against this rezoning; she presented the petition to the City Clerk. Mrs. Earl Wilborn, wife of the petitioner, spoke about his allergy to the material used in this business. She said they did not want to have to discontinue this business. Mr. Robert Raymond, 309 E. Napoleon, indicated he agreed with the PANA people not to rezone this to "C" commercial. He indicated something could be done to allow him to build an office without going to "C ". Mr. Robert McIntosh, 1216 Hillcrest, representative of the Northwest Triangle Association, indicated they opposed the "C" rezoning. He said they would have no objection if this could be achieved without the zoning change. Mr. Richard Albright, vice president of PANA, spoke against the re- zoning to "C ". Mrs. Jane Swan, 2022 Swygart, asked if the question was the rezoning or the building. She asked about the fact that if he decided to sell theproperty, could he not sell it to anyone and the person put anything in that fits a "C" zoning. Mr. Tony Molnar, indicated under the current ordinance when you rezone to a specific use and site plan and it is sold, they have to come back to Area Plan and the Common Council for a different use. Council President Parent indicated that the zoning ordinance had not been tested in the courts. Mrs. Donald Miller indicated this lot was only 33 x 100' therefore it would not be suitable for other commercial use Mrs. Delores Kovas indicated that the question of the petitioner's health was not brought up befo this Council meeting. Mr. Miles Hoffman, 712 Forrest indicated that enforcement of zoning was very difficult, therefore, he opposed this rezoning. Council Member Serge asked why the petition er's health was not brought up before this meeting. Mr. Wilborn indicated they did not feel any one would be interested in his personal problems and they wanted to keep this simple. Council Member Szymkowiak indicated that once something was zoned commercial it stayed commercial. Council President Parent indicated that the condition of the petitioner's health had no bearing on this rezoning. He said he felt the Council should not approve this rezoning. There was a discussion held regarding the interpretation of "C" zoning. Council Member Horvath asked if this addition could be added without the rezoning. Mr. Molnar indicated it could not. Mr. Sweeney indicated that since there was a question regarding "C zoning he thought the Planning Commis- sion's attorney, Council attorney, and the City Attorney should discuss this matter and made a decision. Council Member Miller indicated he did not think the Council needed that information before making a decision. Council Member Miller made a motion that this ordinance be recommends unfavorably to the Council, seconded by Council President Parent. The motion carried, with Council Member Horvath opposing. Council Member Miller made a motion to adjourn, seconded by Council Member Parent. The motion carried and the meeting was adjourned at 8:40 p.m., and reconvened at 9:00 p.m. ORDINANCE AN ORDINANCE TRANSFERRING $6,244.10 IN THE GENERAL PARK FUND. TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Public Parks made the presentation for the ordinance. He said they were requesting this transfer so that a fence can be erected around the newly constructed tennis courts at Marshall Field, and the balance, or $2,000, will be used for gasoline. He -said the gasoline account was short because of underbudgeting and a large amount of hauling the trucks did to bring fill and base aggregate for the LaSalle tennis courts, Marshall tennis courts, Southeast Park, Muessel Park football field and Kennedy Park. Council Member Miller made a motion to recommend this ordinance favorab: to the Council, seconded by Council Member Szymkowiak. The motion carried.