04-23-2014 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 23, 2014 NATIONAL POLICE WEEK -2014 REZONING - 29 DEMONT AVENUE - VANG Mayor Blesener proclaimed May 11 through 17, 2014 as Police Week in the City of Little Canada and declared that the City publicly salutes the service of law enforcement officers in Little Canada and in communities across the nation. Blesener opened the Public Hearing to consider the request for Rezoning 29 Demont Street from Single- Family Residential (R -1) to Medium - Density Residential (R -2) to allow for the use of the existing structure as a duplex as requested by Kageh and Kaojia Vang. It was noted that the Planning Commission has recommended denial of the Rezoning. The City Planner reviewed his April 7, 2014 report. He noted that this property was originally developed with a single - family home in the 1950's. At some time in the 1970's the City amended its Single - Family Residential (R -1) District to allow one duplex for every ten single - family homes. At that time, the house was remodeled into a duplex. The City then revised the Code to eliminate the one -in -ten provision in the early 1980's. Any existing duplexes at that time were considered to be legally non - conforming, and their use could continue as long as it was not abandoned for a period of one year or more. The Planner noted that the house at 29 Demont Street has been vacant for the last three or more years. Under the Zoning Code, the duplex use has lost its legal non- conforming status, and the house must now be utilized as a single - family home. The Planner pointed out that the property is just over 20,000 square feet in size, but it is not of adequate size nor has adequate frontage on Demont to be subdivided into two single - family lots. The Planner indicated that the applicant has requested a rezoning of 29 Demont to R -2 to allow the duplex use to be re- established. The Planner noted that the Planning Commission reviewed this request as well as the planning report, and has recommended against the rezoning. The Planner noted that the surrounding area is R -1 and consists of single - family homes, while the property to the south is zoned Public District. The Planner noted that the applicant has submitted information relative to other duplexes in the City, but noted that these are not in the immediate area. The Planner noted that the Zoning Code identifies standards for evaluation of zoning changes. These are outlined in his April 7, 2014 report. He pointed out that one of these standards calls for review of the request relative to whether it is consistent with current land uses in the area. The Planner noted that it is not. The Planner also noted that when the one -in- ten provision was eliminated from the Code it was because the City found that this duplex use in the R -1 District was problematic and not consistent with the R -1 District. 2