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Tuesday, August 4, 2009 9:47 PM CDT
City delays decision on Fourth and Polk building
Apartment variance to go back before zoning board
By ROB STROUD, Staff Writer rstroud@jg-tc.com
CHARLESTON — The city zoning board will be taking a second look at a variance petition for a new 56-bedroom apartment building that would replace dilapidated rental housing on Fourth Street.
The city council on Tuesday voted 4-0, with one member absent, to remand the variance petition for the proposed apartment building back to the zoning panel to gather further testimony. The council rarely takes this action. The zoning board had voted 5-0, with two members absent, on July 16 to give the petition a favorable recommendation.
In other matters, the council approved the final development plan for 50 single-family rental homes on the east side of town and scheduled a special meeting for noon Aug. 12 to consider the bid award for street work funded by federal economic stimulus money.
More information on those topics will appear in Thursday’s newspaper.
Regarding the apartment building, brothers Chad and Hadley Phillips of Charleston have petitioned for a variance from the city’s housing density standards for their property at the northeast corner of Fourth Street and Polk Avenue.
The variance would enable them to build 22 two-bedroom and 12 one-bedroom apartments instead of a series of three- and four-bedroom units that would be allowable without a variance. The number of bedrooms, 56, and parking spaces, 75, would remain the same either way.
Council members voted July 21 to place the variance on file for public inspection. Mayor John Inyart said he has since reviewed an audio recording of the July 16 zoning board hearing and the variance requirements in the city code. He cited some of these points during Tuesday’s meeting.
The requirements include that a variance may be granted only upon finding that the property in question cannot yield a reasonable economic return without the variance, the plight of the owner is due to unique circumstances, and the variance will not alter the essential character of the locality if granted.
Inyart said that, after listening to the July 16 audio recording, he does not have the answers to questions posed by the variance requirements and recommended remanding the petition to the zoning board to get more answers.
Council members Jim Dunn, Jeff Lahr and Tim Newell said they agreed with Inyart’s recommendation. Council member Larry Rennels was absent.
Housing developer Reggie Phillips of Charleston exited the council chambers as soon as the council voted to remand his sons’ variance petition.
“What a joke,” Phillips said as he left the room.
The city filed a lawsuit in May seeking the demolition of the dilapidated former rental housing on this property, alleging the structures are in dangerous condition. The trial is set to start Aug. 24. These vacant structures were partially stripped in preparation for demolition several months ago and now sit behind a tall chainlink fence.
Demolition of the structures was initially held up as a dispute developed between the city and the developers over temporary parking for the apartment building construction project. Now the city and developers have been differing on whether demolition should take place, respectively, before or after the variance process is completed.
Contact Rob Stroud at rstroud@jg-tc.com or 238-6861.
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EL wrote on Aug 5, 2009 2:33 AM:
Maybe the Phillips clan should have gotent their plan approved before they started destroying the current homes. Oh- but would be the right way to go out it. I just hope they get that mess cleaned up soon. Anyone else in town would not have been allowed to keep a property in such a mess. I love how the city posts signs in yards that need mowed all over town but 4th and Polk can sit for months and need 4 board meetings to get anything done with it. If the Phillips clan cared about the community they would clean that mess up first! I am sure their dad has more than enough resources considering he owns a construction company! When push comes to shove they will clean it up. They just want to play manipulation card first. "