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03-08-04 Zoning & Annexation
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03-08-04 Zoning & Annexation
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
3/8/2004
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Zoning and Annexation Committee <br /> The March 8, 2004 meeting of the Council's Zoning and Annexation Committee was <br /> called to order by its Chairperson, Council Member Ervin Kuspa,at 4:27 pm in the Council <br /> Informal Meeting Room. <br /> Persons in attendance included Council Members Dieter,Pfeifer,Kelly,Puzzello, <br /> Varner,Kuspa, Coleman,Kirsits, and White,Jeff Myers, Building Commissioner Don Fozo, <br /> City Clerk John Voorde, Timothy Hughes,Richard J. Deahl,Mike Morris, Terry Bland of the <br /> SoutR'Read TitibuKe,and Kathleen Cekanski-Farrand, Council Attorney. <br /> Council Member Kuspa noted that the Committee consisted of Council Members <br /> Puzzello,Kelly,Kelly and himself. <br /> Council Member Kuspa called for a presentation on Substitute Bill No. 3-04 which is a <br /> rezoning request for the property located at 234 Tonti Street. <br /> Jeff Myers of the Area Plan staff noted that the Area Plan Commission held its public <br /> hearing on February 17,2004 and sends the Bill to the Council with an unfavorable <br /> recommendation. The Commission believes that permitting a two-family zoning in a <br /> single-family neighborhood would not be desirable. The property would be zoned SF2 <br /> Single-Family under the new zoning ordinance. (report attached). <br /> The petitioner, Timothy Hughes,then addressed the Committee. He noted that he lived <br /> at the property for seven(7)years but does not live there currently. He stated that he has <br /> improved the property and that people are "getting excited over a definition". He noted that he <br /> needs to refinance the property in light of the property taxes. He circulated a petition signed by <br /> ten(10)people in favor of the proposed rezoning. He noted that he is maintaining the property <br /> "very well". <br /> In response to a question from Council Member Dieter, it was noted that Mr. Hughes <br /> contacted twenty(20)home owners near the site with several not being home. <br /> Council Member Kirsits stated that the North Shore Triangle Association is against the <br /> proposed rezoning. They believe that the zoning should not be for a duplex. They understand <br /> that Mr. Hughes needs to refinance the property but they are concerned that if the property is <br /> sold that it could become a tri-plex which is located in the middle of single-family residences. <br /> Council Member Kirsits noted that it appears that the situation is similar to the one in the <br /> northwest which was later withdrawn. <br /> Mr. Fozo stated the if the property is a legal non-conforming use in existence prior to <br /> 1968 then it would be protected and a rebuild letter could be issued once the new zoning <br /> ordinance becomes effective. If it is not a legal non-conforming use then information would <br /> have to be submitted, a petition would have to be filed for BZA consideration as a special <br /> exception with the Council having the final authority in the area, once the new ordinance is in <br /> place. <br />
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