Mayor Jerry Jimison opened the Public Hearing for a zone change request by Glen French at
7:15pm on May 21, 2012. The following Council members were present: Leon Baker, Steven
Bury, Rhett Coon, Mike Dryden, Matt Hull, Linda Jones, and Gerald Reichert. Council member
Carrie Sokoloski was absent.
The purpose of the public hearing was to receive public input on a zone change request by Glen
French.
Mayor Jimison stated that in the packet is a recommendation from the city/county planning
board. He asked Jack Rice to approach the Council to explain the purpose of the proposed zone
change request. Rice passed out a map showing the location Block 137 lots 10-13 facing Clark
Street of the current R-2 zone and stated that immediately to the west and south is R-3 zones. R1 and R-2 are zoned for single and two family dwelling and R-3 is zoned for multiple family
dwelling. The request by French is to change those four undeveloped lots in current R-2 zone to
R-3 with the intent on building apartments. Rice has sent letters to property owners within 150
feet as well as put notice in the paper for planning board meeting and council/public hearing
meeting. He had received two phone calls concerned with the possible drainage issue creating
more of a mess on Sargent Ave. After listening to the public comment the Planning Board voted
3 to 2 in favor of recommending the zone change to the City Council.
Mayor Jimison asked if any other Council members had any questions. Reichert asked if there
were any different requirements from the R-2 to the R-3 and Rice stated that the R-3 is required
to have one off street parking spot for each apartment. Rice stated that the alley of Block 137
will remain an alley. Dryden asked if the zone change would affect the entire Block 137 and Rice
stated that the request is only for lots 10-13. Mayor Jimison explained due to the terrain those
four lots may be the only ones able to be developed even though it is all zoned R-2. Mayor
Jimison also stated that there is no R-1 zoning in that area and that it is currently all zoned for
multi-family and this change would only increase the number of units allowed on the lot.
Mayor Jimison asked if there were any members of the audience who like to speak against the
proposed zone change from R-2 to R-3 on lots 10-13 of Block 137.
Mary Ann Kahm (1310 S. Nolan Avenue) and Edna Schock (416 Clark Street) spoke in
opposition to the zone change because they don’t understand how an apartment building can be
built on such a small lot. The lots start out wide facing Clark and narrow at the alley due to the
ditch. The drainage into the alley is also a concern. As it is now, the runoff drains into the alley
and it gets washed out down on to Sargent Ave. They also asked Public Works Director Jack
Rice who would take care of widening the street and making sure the drainage would not get
worse in those areas. Mayor Jimison stated that it would be the responsibility of the developer to
make sure they meet those requirements with curb and gutter as well as enough parking space to
meet the requirements. Rice stated that this zoning is the first step and the design of how the
buildings would fit has not been decided yet. Councilman Coon added that legally they cannot
build something that would shed storm drainage onto someone else’s property. If apartments are
built in that area it would be the builders’ responsibility to improve the area for the drainage.
Councilman Reichert noted that not far from the area there was a zone change for Makoshika
Estates about five years ago.
Mayor Jimison asked again if there were any members of the audience who like to speak against
the proposed zone change from R-2 to R-3 on lots 10-13 of Block 137 and no others came
forward.
Mayor Jimison asked three times if there were any members of the audience who like to speak in
favor the proposed zone change from R-2 to R-3 on lots 10-13 of Block 137 with no one coming
forward.
Mayor Jimison asked if there were any comments from the Council before the closing of the
Public Hearing. Councilman Dryden asked Director Lane if the zone change is approved if there
was a place of objecting after the approval for those opposed. Lane stated that if the zone change
goes through and they meet the requirements and building code they would be able to build.
Dryden stated that he received complaints of drainage issues after the building of Makoshika
Estates. He wanted to make sure that the drainage issue would be taken care of with the
development of apartments on Block 137. Lane added that the elevation would be included in the
site plan and would not be able to be drained onto someone else’s property.
The public hearing was then closed at 7:45 p.m.
Dated this 21st day of May, 2013.
Approved the 4th day of June, 2013.
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Jerry Jimison, Mayor
ATTEST:
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Jessica Ayre, Administrative Clerk