City council members have asked for a map to determine what action they should take in regards to a zoning issue affecting a lot on Liberty Avenue near its intersection with Mastin Avenue.

At issue is two lots adjacent to The University Mart. One lot is zoned residential; the other is zoned half residential and half commercial. Some residents in that neighborhood fear the owner of the lot, Doug Philabaun, will put a business on the property that they contend would have a negative effect on the surrounding community.

Some of those residents approached city council, meeting as a “committee as a whole” last week, to request that the zoning issue be addressed. They contended the deed restrictions to the property prohibit it from being used commercially and the city incorrectly changed the zoning years ago and should not have.

“This isn’t a rezoning,” resident Annette Cooper explained. “The zoning should reflect the deed restrictions.” City Soliticitor Bob Anderson agreed with Cooper that deed restrictions prohibit its use for a commercial venture. Cooper said the zoning/deed discrepancy did not become an issue until a house on the lot was torn down.

Residents fear if the half-lot zoning is not changed, the property may be used to, say, put an alcoholic beverage store there, something some of them have said they don’t want.

Cooper said the University Mart has “become a nuisance,” given that it has been robbed many times in the last few years.

Council chairman Mike Lutz pointed out such a plan to sell alcohol was defeated in the last election.

In a letter to council, University Mart owner Doug Philabaun said he never wanted to upset the neighbors. He said when he purchased the lot in question, he was aware of both the deed restrictions and the commercial designation.

“The commercial designation was instrumental in our decision to move forward,” Philabaun said in his letter, “and have been told by the city officials that ‘if part of the lot is commercial then all of the lot is commercial.’”

Philabaun said he thought council should not act on this issue now. “Wait until there is a viable plan developed for the lot, have the proper public hearings and act accordingly at that time.”

There was some question about what part of the lot was zoned commercial and what part was zoned residential and how much actual land made up each part of the lot.

“We need to get an actual map of what we’re talking about,” Councilman Bob Cleary suggested.

In other matters, council members also further discussed the lease at the Fuzzy Duck but gave no opinion on it. Council will meet this week at 6 p.m. Thursday. The city council finance committee will meet at 5:30 p.m., prior to that.