11-25-02 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 25, 2002 Residential and when the existing multi- family use no longer exists, only those uses allowed in the "A" Residential zoning district will be allowed on the property. The Commission would also point out that there are several other duplexes and multi - family structures in the neighborhood which were downzoned in 1976 and for which rezoning to `B" Residential zoning could be sought if this petition is successful. Mr. Greg Stroupe, 10212 Shadow Wood Drive, Granger, Indiana, made the presentation for this bill. Mr. Stroupe advised that he owns the property at 1018 -1020 Sherman and has petitioned the City to change the zoning from single family to multi- family. He noted that he understands the reluctance to spot zone and the desire to increase home ownership in this neighborhood but asked that the Council consider the special circumstances of this request. The structure was built in 1920 as a multi - family house and is three thousand eight hundred (3,800) square feet. He further noted that it is unrealistic to think that this house will ever exist as a single family residence. Mr. Stroupe advised that he has owned the property for over three (3) years and has made numerous improvements. In December of 2001 a decision was made to sell the property. It was sold in March of 2002 to a financially qualified individual who began to secure financing. For five and one half months ( 5 1/2) months this person tried to get approval through numerous financial institutions but even though he was extremely qualified he was turned down by every lender he contacted. Mr. Stroupe informed the Council that the value of the property is partially derived from its income earning potential. The lenders have become much more conservative in the past year or so and because the property is zoned single family they require that they be provided with a letter from the City stating that if the structure burnt down it could be rebuilt as it exists today. The City will not provide this letter. Therefore, the only alternative was to rezone the property to multi - family which would match the current use of the property and its past use for the last eighty -two (82) years. Mr. Stroupe asked the Council to consider the circumstances of this unique situation as this property has always been a multi- family home. In response to questions from Councilmember Coleman, Mr. Stroupe stated that there are two furnaces in the house and that the property is actually split down the middle in that there are two (2) water heaters, (2) furnaces and two (2) electric services as well. He confirmed that currently the house is used as a quad. Additionally, Mr. Stroupe stated that there are two (2) front doors for the two downstairs apartments and for the upstairs there is a back entrance on the exterior of the building. Councilmember Coleman noted that the Area Plan Commission report stated that the building is two thousand one hundred ninety -one (2,191) square feet which will occupy is thirty - four per cent (34 %) of the site but Mr. Stroupe stated that the structure actually had three thousand eight hundred (3,800) square feet and he asked Mr. Stroupe why there is a discrepancy. Mr. Stroupe noted that the base is two thousand one hundred (2,100) square feet but the square footage that he is considering is for both the upstairs and downstairs. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill: Mr. Douglas W. Way, 5237 North Falls Church Court, South Bend, Indiana, advised that he is an advocate for strong neighborhoods and for single family housing and is wholeheartedly in favor of the zoning that was put in place in the early 1970's. However, there are a half dozen homes that were intentionally built as multi - family housing and Mr. Stroupe owns one of those homes. To expect someone to remove walls that were permanently put there as original construction and to restore it to a single family home that it never was is ridiculous. He noted that as much as he believes in strong neighborhoods he also believes injustice. Mr. Stroupe is being put through a financial hardship by not being able to sell this property as it was built for its intended purpose. If he cannot sell his house, he is allowed two (2) options. One, he can sell the house on a land contract -5-