2009-15 REZONING PROPERTY - 5 EDGEWOOD COURT

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STAFF REPORT Decatur City Plan Commission COMMON NAME: 5 Edgewood Court GENERAL INFORMATION Hearing Date February 5, 2009 Calendar No. 09-OS Property Location 5 Edgewood Court Requested Action Rezone from R-3 Single-Family Residence District to R-5 Two- Family Residence District Petitioner Thomas and Deborah Seitz Representative LAND USE AND ZONING Direction Existing Land Use Zoizing Comprehensive Plan Subject Property Vacant Structure R-3 Low Density Residential , North Single Family Residence R-3 Low Density Residential South Single Family Residence R-3 Low Density Residential East Single Family Residence R-3 Low Density Residential � West Single Family Residence R-3 Low Density Residential BACKGROUND l. The petitioner is requesting to rezone the 5,500 square foot 1ot from an R-3 Single-Family Residence District to an R-5 Two-Family Residence District for the purpose of using the structure as a duplex as it was originally built. 2. The structure was built in 1929, prior to the enactment of the Zoning Ordinance, as a dtiplex and has had no known structural changes since that time. 3. The structure is a non-conforming structure under Section XXIII.A of the current Zoning Ordinance and can remain so as long as the structure has not lost the privileges to remain as such. STAFF ANALYSIS 1. Spot zoning occurs when a small area of land or section in an existing neighborhood is singled out and placed in a different zone from that of neighboring property. Staff is of the opinion that granting such a rezoning request would cause a case of spot zoning which is illegal in Illinois. 2. Rezoning this parcel from R-3 to R-5 would increase the possibility of having sixteen (16) unrelated persons living together in one structure. 3. The surrounding area has traditionally been and is sited to be single family residential.