Residents oppose rezone compromise
January 29, 2002
After a highly emotional debate, a motion failed in the DeKalb City Council to rezone the property on N. 1st St. between Stoney Creek Road and Andresen Court.
The property owner, Stephen P. Irving, wanted to change the zoning from single family residential to planned development residential, which would allow the developer to place seven townhomes on the property.
The council actually voted five to three in favor of approving the rezoning, but did not have the required two-thirds vote to convert the zoning for the project.
When Mayor Greg Sparrow noted how much opposition there was to the plan, he chose to run through both readings of the bill to conserve time. The motion failed both times by the same margin.
A similar request was made over the summer regarding the same parcel of land. In the original proposal, eight townhomes would be constructed at the site. The council denied a request to rezone the property after area residents raised concerns about its effect on the neighborhood.
Irving was instructed by the council to meet with the residents to work out a compromise, but returned with a plan to put seven townhomes on the property. Most of the residents returned Monday night, indicating seven was not much of a compromise.
Second ward Ald. Kris Povlsen led the opposition on the council, questioning whether the development would benefit the entire community.
Both Povlsen and Fifth ward Ald. Pat Conboy mentioned that when the property was bought 15 years ago, the neighbors were promised that single family homes would be built on the property.
“Two former mayors, Bessie Chronopolos and Judy King, testified to the city council in August to this effect,” Conboy said.
Seventh ward Ald. Joe Sosnowski asked who had promised the neighbors 15 years ago that single family houses would be built on the site.
City manager Jim Connors explained, “Russ [Farnum] doesn’t know who had made the promise, we only had the testimony of the two former mayors.”
First ward Ald. Andy Small said any such agreement doesn’t matter without documentation.
“Regarding the fact there was no letter spelling out the promise, two of our former mayors, probably as credible as anybody, testified there was a promise made. Gosh, you gotta have things in writing, or people like us, we have our hands tied,” Small said.
Three of the Stoney Creek property owners, Clayton Reiten, George Kourvetares and Greg Lindsy, told the council they opposed the development.
“They’re not multiple family homes, they’re single family homes like many of you live in,” Irving said in defense of the development plan. “This is a beautiful design that would have landscaping. I’m not saying it will be, but it is very possible if this proposal doesn’t pass the city council, as many as five single family homes that would not require your approval could be built.”
“We reviewed the minutes from 1979, 1980 and 1985, and found no mention of a promise,” Irving continued, referring to the records kept from city council meetings.
Irving singled out Conboy as a lawyer, asking him how he could bring up the issue of the promise, which he contended, either was made by former city council members off the record after a city council meeting or the promise was never made at all.
“I hope as a developer you guys aren’t making secret deals about property development,” he said.