2009-15 REZONING PROPERTY - 5 EDGEWOOD COURT

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E�cerpts from Plan Commission Minutes of February 5, 2009: Cal. No. 09-OS Petition of THOMAS AND DEBORAH SEITZ, to rezone the property located at 5 EDGEWOOD COURT, from R-3 Single Family Residence District to R-5 Two Family Residence District. Ms. Stephanie Ashe was sworn in by Mrs. Poland. Ms. Ashe presented the recommendation of staff: The petitioner is requesting to rezone the 5,500 square foot lot 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. The structure was built in 1929, prior to the enactment of the Zoning Ordinance, as a duplex a.nd has had no known structural changes since that time. 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. 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. Additionally, rezoning this parcel from R-3 to R-5 would increase the possibility of having sixteen (16) unrelated persons living together in one structure. The surrounding area has traditionally been and is sited to be single family residential. Staff recommends denial of the petition as submitted based on the fact that the proposed R-S District is incompatible with the surrounding zoning classifications and on the fact that it would create spot zoning which is an illegal action. Section XXIX requires the Plan Commission to hold a public hearing on a rezoning request and forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 09-OS to the City Council with a recommendation for denial is suggested. Ms. Elayna Sadorus said the petition states there are at least three (3) other duplexes in the neighborhood and asked if they were under the same zoning. Ms. Ashe said they are zoned R-3 but is not e�actly sure how many duplexes are in the immediate area. Ms. Sadorus asked what the use of the structure has been. Ms. Ashe stated that is what is being decided in the court case. Chairman Smith said we are being asked to rezone the property not to decide how the structure is being used. Mr. Matt Dial asked if the property is found to be a duplex by the court, would the petitioner be able to come back and resubmit for rezoning at a later time. Ms. Ashe stated if it is ruled to be a duplex then it is grandfathered in, however; should they change the structure then it would have to come into conformance with the zoning ordinance. Mr. Ed Flynn, representa�ive, was sworn in by Mrs. Poland.