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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




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:

" I also find it interesting that the zoning board passed it to begin with. Maybe because Brian Myerscough who is on the zoning board has a personal interest. His daughter is married to Chad Phillips. Politics at its finest.

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. "

Responsible Party wrote on Aug 5, 2009 8:57 AM:

" EL wrote on Aug 5, 2009 2:33 AM:

" I also find it interesting that the zoning board passed it to begin with. Maybe because Brian Myerscough who is on the zoning board has a personal interest. His daughter is married to Chad Phillips. Politics at its finest.

Very interesting. Did Brian Myerscough abstain from voting on this issue? If not, maybe someone should provide him with this link..

http://www.amazon.com/Roberts-Rules-Dummies-Alan-Jennings/dp/0764575740#reader "

Paula wrote on Aug 5, 2009 9:49 AM:

" What a joke? Yes. It is a joke that Melrose apartments are renting their 2 bedroom apartment to 3 and 4 people. Increasing the parking and noise in the neighborhood and they want to build another building and do the same thing. All in the name of greed! "

JG/T-C wrote on Aug 5, 2009 10:57 AM:

" Brian Myerscough is no longer a member of the Charleston zoning board. His term ended in December 2008. He did not vote on the Fourth and Polk variance issue. Bill Lair "

Responsible Party wrote on Aug 5, 2009 12:48 PM:

" JG/T-C wrote on Aug 5, 2009 10:57 AM:

" Brian Myerscough is no longer a member of the Charleston zoning board. His term ended in December 2008. He did not vote on the Fourth and Polk variance issue. Bill Lair "

Thank you for clarifying that...you saved me some research time. "

Mike P wrote on Aug 5, 2009 1:53 PM:

" I think it was last fall, reports were saying Charleston was over 80 percent capacity on its water supply usage. We have had 2 wet yers in a row, drought usually follows soon after. Zoning actions should have already been taking this into account. Have they even made any changes for new construction to have water efficiency? A new complex is planning another pool as part of the facility. Reality and commonsense, don't seem to jive with many decisions or failures to lead on important issues.

Slumlords didn't want to be required to meet standards, so lots of construction will let competition be more of a deciding factor on their profitability than was the case several years ago.

Before long, all the empty units will possibly find HUD participation or other low income housing efforts filling them like many other towns have had. Gluts of vacant property or units, lower standards, attract bad elements, and bring all kinds of opportunists to town. Soon prison relocation might be knocking on the door, and elements that follow that trend, will creep in right along withit.

True stock needs taken in ending the ingoring of reality, or opportunity to actually address issues becomes even more compounded. Ignoring being the biggest drop in median income in the country in 2007, already has consequences. Continuing to do so and ignoring many other realities will increase them detrimentally exponentially. Many of them compound eachother enough as it is, on their own. "

ak927 wrote on Aug 5, 2009 2:31 PM:

" As long as the Melrose Place is not zoned R1 they are within their rights to place 3-4 occupants in a two bedroom apartment. I have been done this road with the both the zoning board and city council. When is this city going to take a stand and begin putting an end to all of this apartment construction. We have no boundaries where Eastern Students are not allowed to live. We say that R1 is suppose to be only for single family residences however, are wonderful city government will tell you to collect license numbers, and other schemes to keep you quiet. When they have finally exhausted everything they will tell you that they are within their legal rights to check out these residences to see if it is student populated. We as a city need to start holding these members more accountable. It takes more than just a handful of us. "

Interested Observer wrote on Aug 5, 2009 4:38 PM:

" What I don't understand is why didn't the brothers Phillips make themselves aware of the zoning requirements PRIOR TO starting their project? When I remodeled and added on to MY home, I consulted an attorney, as well as the folks at City Hall, and I wasn't spending anywhere near the money that they propose to do. Did they just think they could do whatever they wanted, and the city would just go along? Get your ducks in a row first, gents. "

Responsible Party wrote on Aug 5, 2009 8:53 PM:

" Interested Observer wrote on Aug 5, 2009 4:38 PM:

" What I don't understand is why didn't the brothers Phillips make themselves aware of the zoning requirements PRIOR TO starting their project?

They knew. This was a way to get around it...and I do not believe for a second that they were not given the whole scenario to follow...and when people started to put pressure on the city "leaders", the phony lawsuit appeared. The real question is...who was compensated for orchestrating this? "

usmcvet wrote on Aug 5, 2009 9:05 PM:

" Interested Observer,yes,the Phillips think that they can do whatever they want,they have dad to back them with $.I highly doubt that a 25+- yr. old can go into a bank with no real job and borrow these kind of funds to do what they are gonna do.

It's about time that Inyart and his cronies start doing the right thing about this fiasco and start thinking about the city of Charleston instead of the usual "good ole' boy" politics as usual.

I do believe the taxpayers are tired of turning a blind eye with all the usual mayor and city councils decisions on just more than this Phillips deal. Stop thinking about the personal gains for yourselves and start thinking about the taxpayers and the citizens of Charleston that are gonna have to live around all these apartment buildings.Charleston doesn't need anymore student housing !!!

And if you do decide to allow the Phillips brothers and Reggie to build some more un-needed apartments why don't you use the tax money to fix some of our dilapidated streets in town,that is the least you could do.After all,you seen a need to spend some big dollars for concrete at the new building on Adkins Dr. How much was in the city budget for that Mr. Smith,city manager ? Another issue that concerns me is the van that the city supplies our city manager with,a fuel efficient small car is not good enough to get to and from work ? What's the real story behind the van ? No smoke and mirrors here,I just call it like I see it.Perhaps I need to start attending the council meetings and just try to get some straight answers rather than the smoke I see in the paper daily. And no,I don't get my oil changed at the mayors place I change my own !!! "

paula wrote on Aug 5, 2009 9:56 PM:

" Responsible Party- do you really think the lawsuit is phony? Just an act to make us feel like justice is at work? I am new to Charleston and I am quickly loosing faith in our city government. What a shame that so much money was put into 4th Street and making it look nice, and that huge eyesore just sits there. "

Rockin Rotty wrote on Aug 6, 2009 12:14 AM:

" Welcome to Coles County's Grand Circus of Greed, paula.

The citizen's faith in our leadership went out the window many years ago, & continues today, because of the "good ole boy" system.

Everytime we get some new folks elected who sound off about bringing change, it ends up reverting right back to the "good ole boy" system, we've all come to know all too often.

Read some of Mike P's posts, as you come across them. They are pretty informative on how the "walk of life" goes around here.

I was born, raised, & am probably doomed here, darn it.
LOL!

.......

usmcvet wrote on Aug 5, 2009 9:05 PM:

"Charleston doesn't need anymore student housing !!!"
.......

Amen to that - especially that nonsense East of Charleston! "

Interested Observer wrote on Aug 6, 2009 3:10 AM:

" With a few, merit-based exceptions (Mr. Ferguson and Judge Jacobs, e.g.), this situation illustrates *exactly* why I never vote for an incumbent for anything. "

The Question wrote on Aug 6, 2009 7:45 AM:

" I fail to see how the zoning board can block a bed and breakfast as somehow disruptive to the neighborhood, but then blithely green-light a variance for this massive project. "

ak927 wrote on Aug 6, 2009 8:19 AM:

" I just hope that residents in that area that the Phillips brothers do a better job at completing a project. Because there father has had 8th Street torn up all summer. You can't even drive that way because of the damage to the street caused by the large equipment trucks that have come through. I contacted the city about temporiarly having this problem fixed and no one returned my call. I just wonder who has to pay for these damaged streets due to construction is it the contractor or us the citizen. I would hate to see 4th street damaged to this extent after all of the work that was done on it. "

Responsible Party wrote on Aug 6, 2009 9:26 AM:

" Unfortunately, Paula, I do think it was all for show...a smokescreen to imply that the builders were not getting any special favors. That made it much easier to bend over backward (or was it forward) and offer the moon...so to speak.

I hope you and other newcomers (if we get any) will get involved and stay involved. We need new blood fighting for this town...not that the old blood is giving up...more citizen involvement will make out "leaders" think about accountability when making decisions.

FYI...this used to be a great town and I believe that it can be great again. "

Responsible Party wrote on Aug 6, 2009 9:40 AM:

" Rockin Rotty wrote on Aug 6, 2009 12:14 AM:

" Welcome to Coles County's Grand Circus of Greed, paula.

Read some of Mike P's posts, as you come across them. They are pretty informative on how the "walk of life" goes around here.

I second that....If we could get him a couple others with common sense, solid core values, and a brain into leadership positions...this town could go far.

I know they are out there and they often lurk here...yourself included Rotty. "

Mike P wrote on Aug 6, 2009 12:04 PM:

" More can be done from the outside than has been. More folks will find their voice to demand better, in time. One or two folks with "new blood" on boards and councils rarely has an impact in that one body. Often new blood seems like old blood or worse, in short order.

Since the paper refuses to hold office holders to any level of accountability for anything, outside of fleetingly placating opines on occasion, this comments section has begun to fill that void. Obvious clues suggest it is read by many in charge. Anyone these folks deal with through the day could be any current or future poster on here. That has the potential to effect change from within, without being limited to one role, on one body.

From city councils, local boards, and hired positions, the days of mushroom fodder being acceptable practice for business as usual are now more numbered. Ideally, those who sought the positions they now hold, will take it upon themselves to be more responsible with the jobs they have been entrusted with. Constantly waiting for the next election is tired and ineffective. Its time citizens began to speak their minds more, and this forum offers the opportunity 3 minutes in a meeting wouldn't.

Leaders need to actively identify issues and problems. Tryimg to fix things, and not identifying the problems and variables first, is not ever going to be a sound solution to anything. Basic analytical problem solving skills with sound fundamental commonsense, would make a huge difference in turning the corner, to local possibilities being more and more long term sustainably sound realities. "

Mike P wrote on Aug 6, 2009 12:24 PM:

" Myerscough is still a valid point to raise. He may not be on the board now, but evidently was for alot of this issues history. So far this year, they have delayed and not acted. Connections and ties to still being on the inside of issues, don't always diminish upon leaving office or terms expiring, has long been a perception.

Various board appointments obviously need more scrutiny. Many folks with intersts that could conflict with protecting the public interest they are supposed to serve first have been appointed to boards and commissions of all kinds, throughout the area. Not enough abstaining from issues related to their interests happens, to not raise obvious questions of ethics and impropriety perceptions, in both elected and hired local leaders. "

Responsible Party wrote on Aug 6, 2009 1:32 PM:

" There is a bit of a problem with both elected and appointed boards in the area. The elected ones seem to stimulate very little interest to citizens. The only real "races" at election time are those for positions that command a high salary and benefits. Other locales offer more compensation and that may be what it takes to attract people willing to commit to the task.

Appointed board and committee positions are almost always stacked to mirror the the desires of the appointees. It gives the appearance of legitimacy, but...that is about it.

City council and mayor positions in Charleston are paid and include health and retirement benefits. It seems that few people are aware of this---it should be known and it might interest some who have been wavering about whether to take the dive into the public service pool....just watch out for the sharks that lurk there. "

paula wrote on Aug 6, 2009 11:36 PM:

" So, it goes back to the zoning board, then what? If they pass it again are we back at square one? Does anyone know if that area is zoned R1?

I say Mike P and Responsible Party for Mayor! "

Harry Potter wrote on Aug 6, 2009 11:54 PM:

" Anyone care to bet on the ultimate outcome of this mess?

As one person noted they turned down a request for a B & B but will no doubt approve this monstrosity to be built. "

ak927 wrote on Aug 7, 2009 9:07 AM:

" I would suggest that we find a canididate to back however we all have such diverse opinions that we would never agree on who to back!!! And you are correct the newspaper needs to hold them to the fire on some of these issues. Maybe if they did it would get the community more involved in city government-doubtful but it would be worth the try. I suggest everyone carefully read the unified development code many times you will find that are city officials are not following it completely. And if a contractor put in a phase of a project and sells to potential buyers based on that project that was accepted by the city. Then the developer can go back later after people have invested in the project (such as a home purchase) then if the contractor decides he wants to a few years later put in a lower quality home on that property the city officials will more than likely give them the green inspite of packed council room of people protesting. They do not LISTEN to the people who elected them-I know not all of us elected them. Ok, I need to get off of this subject the list of things could go on and on. But they need to be held accountable!!! "

kb wrote on Aug 7, 2009 10:35 AM:

" Just one guys opinion, but I think the building should be approved. Each time we have torn down uncared for properties and replaced them with apartments, it has improved the appearance of the area. I understand the objections, but there are not a ton of alternatives. I don't see anyone tearing it down and building a new home there anytime soon. My feeling is the same with the B&B the city rejected. That was a poor decision.
We need to take the improvements we can get. Some people just want "all or nothing".
Unless Obama starts a "cash for condemed program, I'm pretty sure you'll never see a nice two story home with a picket fence at the corner of 4th an polk! Just an opinion "

Rockin Rotty wrote on Aug 7, 2009 11:20 AM:

" Thanks RP, & yes, there are alot of good posters out here that I believe would do a heck of a better job, than those who've passed through office, or who currently hold them.

The Phillips boys first business ventures, such as Coach Eddie's, back in the day, started out their path down the money trail. Now it seems they've decided to go the apartment rental business way, just as their father Reggie has done.

Now, I can understand this, to a point, because of the ever-expanding EIU, but where does one draw the line for these monstrosities?

Do we allow them to continue to be built every couple of years? Does the populous count at EIU even get considered?

Where do we allow them to be built? In the south, closer to the EIU community, which they serve? To the east or west of town for convenience, because of the businesses they would spend their money at? Do we stick them in the middle of town, in residential neighborhoods, so they can attempt to blend in with the main populous? To the north, because nothing seems to be in that direction except dying factories?

The city needs to also take into serious account on how well these units are kept up, & how things need to be done, when these monstrosities reach the end of their life, let alone the costs everyone incurs from birth to death of these dwellings.

Alot of questions to be answered, alot of thought(s) to be considered, & alot of financial means that needs to be brought to task.

One thing is for sure. Alot of taxpayers voices are not being heard clearly enough, or thought of, with the "good ole boy" system in place, as it has been for years.

Make a difference, get involved! "

Responsible Party wrote on Aug 7, 2009 9:52 PM:

" I think we need an organizer---a person who has the skills to pull it all together, A well organized group could make a difference. We should all pull together as a group to support those fighting the battles of the "little guy". The city leaders throw their weight around and then lay low while it blows over---and they get away with it.

Council meetings are a farce...there is no public discussion and items are grouped and passed without scrutiny. Closed sessions are supposed to be reserved for matters of confidentiality, but apparently every bit of discussion is relegated to that category. The meeting is scripted and it is no wonder that people do not attend---it is much like the watching the "off air" channel in the wee hours. Actually, I prefer that---it is equallly predictable and the chair is more comfortable. "

Rockin Rotty wrote on Aug 8, 2009 12:04 AM:

" I agree, RP - good post! "

Neighborlady wrote on Aug 13, 2009 12:55 PM:

" Why can't the buildings be removed NOW? "

 


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