Clover Street Rezoning Project deferred by City Council

The Clover Street Rezoning Project, an ongoing effort to redesignate an R-2 multi-family zone to an R-1 single-family zone within the Clover Court/West 6th Street area, was deferred by City Councilmembers due to legal considerations regarding private property rights. A new wrinkle, neglected in previous debate, arose relating to the legality of community members dictating the use of private property through zoning actions.

Councilmember Vince Barthels noted the parallel between the Clover Street Rezoning Project and a “taking,” in which the government seizes private land for public use. “Even though it’s not the definition of a ‘taking,’ it sure feels like a ‘taking,’” he said.

In addition, the devaluation of existing properties and a distinct “lack of need” for the rezone was identified as evidence in opposition to the proposal. Despite these contentions, Councilmember Jill Weiszmann spoke out in support of the rezone, identifying the Planning Commission’s approval, and an anecdotal consensus from neighborhood residents. Regardless, the bulk of the Council remained wary of progressing and will take no further action until the City attorney can advise on the legal ramifications of the project.

It should be remembered that the original discussion pinned concerned homeowners into two camps: one in favor of maintaining the character of the community and the other for providing adequate housing to meet expanding college population. But, considering Tuesday’s meeting, it now appears the debate will be settled by legality. The next City Council meeting is scheduled for September 14 at 6 P.M.

Scott Davis can be reached at [email protected].