04-23-2014 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 23, 2014 The Planner noted that both he and the Planning Commission recommend against the rezoning and that the single- family use of this property be re- established. Blesener stated that he recalled when the one -in -ten provision was eliminated, and agreed that it was because the duplex use was found to be problematic. Blesener felt that this particular duplex use may have been one of the reasons that the one -in -ten provision was eliminated. Blesener noted that the property has a garage for the lower unit, no garage for the upper unit with a driveway above for the upper unit that has limited parking area. He noted that there is not enough room to provide a garage for the upper unit in the area adjacent to the entrance to that unit. Blesener asked if the Code requires that there be room for a garage for each unit. The Planner replied that that was correct; the Code requires the ability to provide a garage for each unit. Blesener felt that the City made a mistake in implementing the one -in -ten provision and then subsequently corrected that mistake. Blesener asked how the City verified that the structure had been vacant for more than a year. The City Administrator indicated that the City has been dealing with code enforcement issues on this property for a number of years. The property has been vacant and was an attractive nuisance resulting in young people breaking into the property. The City has had to secure the property on several occasions. Attempts to contact the property owner were unsuccessful. The Administrator pointed out that the applicant acknowledges the fact that the property has been vacant for some time. Blesener noted that the applicant indicated in their application materials that the former property owner has deeded the property to a family member to maintain it, and that was not done. Code enforcement problems continued on the property during that time period. There was no one from the general public present wishing to comment on this matter. Upon motion by McGraw, seconded by Blesener, the public hearing was closed. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2014 -4 -72 — DENYING THE REZONING OF PROPERTY LOCATED AT 29 DEMONT AVENUE FROM SINGLE - FAMILY RESIDENTIAL (R -1) TO MEDIUM-DENSITY RESIDENTIAL (R -2) FOR USE OF THE EXISTING STRUCTURE 3