Cannon’s Addition Resident Appeals Five-Home Project

In the case of a planned South Side development, timing is everything.

Cannon’s Addition resident William Heitner is appealing the hearing examiner’s approval of a plan to put five homes on 1.6 acres just south of the intersection of 12th and Elm.

On Monday, the City Council held a public hearing on the proposed development that arrived at City Hall just days before council members downzoned the neighborhood south of downtown.

Council members in March limited the expansion of multi-family developments in the neighborhood after repeated complaints from residents that the area was being overrun by apartments.

“At one time, we worked to establish proper zoning,” said resident Chris Burns. “Now, we are faced with another challenge.”

Developer Clint Townsend submitted his development application on March 8. Three days later, the council changed the area’s zoning from R-3 to R-1. The city finalized Townsend’s application on March 15.

Cannon residents argued before the council that the zoning took effect immediately. In that case, three of the lots would fall below the 7,200-square-foot R-1 standard, they said.

“We just want an R-1 density, which is exactly what we were promised,” said resident David Hollinshead.

Townsend’s attorney, F.J. Dullanty, countered that the ordinance didn’t take effect for 30 days, which means the proposal fell under the old zoning.

City Attorney Jim Sloane said the charter clearly sides with Dullanty.

“There’s a lot of community sentiment about what’s going to happen to the neighborhood …” Dullanty said. “Those are not appropriate land-use decisions.”

Council members delayed a decision for at least one week.

, DataTimes