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Excerpts from Plan Commission Minutes of February 5,2009 continued: <br /> Mr. Fiynn stated the property was built in 1929 and has been used off and on as a duplex for over , <br /> seventy (70) years. There are three (3) duplexes that are within eight (8) homes of the property j <br /> and two (2) others that are close. ' <br /> Mr. Flynn said the interior of this property has not been changed since the petitioners acquired it <br /> a yeax and a half ago. There is a front and back entrance which gives access to both the upper <br /> and lower level. Each level has its own kitchen, living room, and separate water and gas meters. <br /> The only difference between the units is the downstairs has an office and the upstairs has a sun <br /> porch. <br /> Mr. Flynn stated this house was built prior to the zoning code in this community. This property ' <br /> was owned most recently by Mr. Blake who used this property as a duplex. In the later years of <br /> his life he did not want to deal with the rental of the property and no longer rented the unit. The <br /> records in the Decatur Library show that the property was used as a duplex, a single family <br /> residence and was also vacant throughout the years before it went into a state of disrepair. The <br /> petitioners bought the property which was marketed as a duplex and they purchased it with the <br /> intention of using it as a duplex. <br /> Mr. Flynn said the other duplexes in the area have been used as duplexes and also as single <br /> fainily residences in the past. Mr. Flynn stated these duplexes and this property should have <br /> been zoned R-5 when the zoning was created. Mr. Flynn stated he would agree with staff that <br /> this is spot zoning if they were asking for an office zoning. He does not feel changing the zone <br /> to R-5 is spot zoning. He feels the duplex is in harmony with the e�isting area. <br /> Mr. Flynn stated spot zoning is a term that is often used and often misused. Mr. Flynn gave the <br /> definition of spot zoning and sited a Supreme Court case and a Fourth District case from this <br /> general region. Mr. Flynn said the facts in each case must be addressed on a case by case basis. <br /> Ms. Debbie Seitz was sworn in by Mrs. Poland. <br /> Mr. Flynn asked Ms. Seitz if this property was marketed to her as a duplex. Ms. Seitz stated this <br /> was correct. Mr. Flynn asked Ms. Seitz if there was a kitchen in both the upstairs and downstairs <br /> when it was marketed to her. Ms. Seitz stated yes. Mr. Flynn asked if the improvements that <br /> were made were simply to replace the outdated appliances. Ms. Seitz said this was correct. Mr. <br /> Flynn asked if the property was acquired to use as a duplex. Ms. Seitz stated yes. <br /> Ms. Kathy York was sworn in by Mrs. Poland. <br /> Mr. Flynn asked if Ms. York was a realtor licensed in the State of Illinois. Ms. York replied she <br /> is and has been for about thirteen (13) years. Mr. Flynn asked if Ms. York showed this property <br /> while it was listed. Ms. York stated she did. Mr. Flynn asked Ms. York in her opinion if she <br /> thought the zoning sought by the petitioners would devalue the surrounding properties. Ms. <br /> York said she did not think it would. Mr. Flynn asked if Ms. York could think of anyway if <br /> zoned two (2) family that this property would negatively affect the health, safety and welfare of <br /> this area. Ms. York said no. She stated there are several duplexes in the West End that have <br /> been sold over and over again and it has never affected the value before. <br /> Mr. Flynn stated this property was marketed, purchased and intended to be utilized as a duplex. <br /> He respectfully disagrees with staff that this is not spot zoning and hopes this is a time that <br />