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�, . <br /> ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM <br /> Memo No. 09-19 <br /> March 11, 2009 <br /> TO: Honorable Mayor Michael T. Carrigan d City Council <br /> FROM: Ryan P. McCrady, City Manager <br /> Greg C. Crowe, Assistant City Manag�_/ <br /> Suzan M. Stickle, Senior PlannerS�""5 � <br /> Stephanie E. Ashe, Historic Preservation& Corridors Planne�' <br /> � <br /> SUBJECT: Rezone 5 Edgewood Court from R-3 Single Family Residence District to R-5 Two <br /> Family Residence District. <br /> SUMMARY RECOMMENDATION: Staff recommends denial of the rezoning. <br /> Staff recommends denial of the petition as submitted based on the fact that the proposed R-5 District is <br /> incompatible with the surrounding zoning classifications and on the fact that it would create spot <br /> zoning which is an illegal action. <br /> The City Plan Commission voted 5-4 to recommend denial of this petition as presented at the February <br /> 5, 2009 hearing; the minutes of the meeting are attached. i <br /> BACKGROUND: The subject site is located at 5 Edgewood Court off of West Main Street. 'Che <br /> petitioner is requesting to rezone the S,SOU square foot lot from an R-3 Single-Family �esidence , <br /> District to an R-5 Two-Family Residence District for the purpose of using the structure as a duplex as <br /> it was originally built. The structure was built as a duplex in 1929, prior to the enactment of the �, <br /> Zoning Ordinance. The structure is a non-conforming structure under Section XXIII.A of the current I <br /> Zoning Ordinance and can remain so as long as the structure/use has not lost the privileges to remain <br /> as such. <br /> Although the structure was originally constructed as a duplex it was utilized as a single family <br /> residence for almost thirty (30) years (circa 1978) and no longer falls within the parameters of a non- <br /> conforming use as defined in the Zoning Ordinance. <br /> Spot zoning occurs when a small area of land or section in an existing neighborhood is singled out and <br /> placed in a different zone from that of neighboring property. Staff is of the opinion that granting such <br /> a rezoning request would cause a case of spot zoning which is illegal in Illinois. Furthermore, if the <br /> subject property were vacant or a single family residence, staff would not support a rezoning as it <br /> would still be a case of spot zoning. The surrounding area has traditionally been and is sited to be <br /> single family residential. <br /> Also, in cases of spot zoning one must consider the surrounding area and its compatibility or lack <br /> thereof with the requested rezoning. This structure is uniquely located between Edgewood Court and <br /> North Victoria Avenue. Both streets are recognized for the privacy, quaintness, and quiet nature they <br /> provide single family residence off of a busy West Main Street. Changing the zoning to a two family <br /> residence could severely alter the character of the neighborhood and disturb the tranquility therein. <br /> Rezoning this parcel could also lead to the rezoning of neighboring properties thus substantially <br />