CITY REJECTS ADDED OFFICE FLOOR

A special-use permit that would have allowed Drury Southwest Inc., to build and occupy a sixth floor of an office building under construction on William Street was rejected Monday by the Cape Girardeau City Council.

Construction of the addition already has begun, but DSW's Larry Westrich said the additional space, originally planned as an attic, will be completed as such and won't be occupied by tenants.

"It'll be one of the fanciest attics in town," he joked after the meeting.

Westrich said after Monday night's vote that DSW will go back "sometime in the future" to the Planning and Zoning Commission and City Council to reapply for the special-use permit.

The request failed on a 3-3 vote.

Voting to grant the request were Mayor Al Spradling III and Councilmen Melvin Kasten and Richard Eggimann. Councilmen Melvin Gateley, Tom Neumeyer and J.J. Williamson Jr. voted to deny the request.

The tie vote stood because there is no councilman from Ward 3 as a result of Jack Rickard's resignation in 1997.

The office building at 3065 William will be considered five floors. City zoning law requires that a special-use permit is necessary to build any structure higher than three floors in a C-2 general commercial district.

DSW had already been granted special-use permits for the fourth and fifth floors of the building.

Construction plans originally called for a four-floor structure, and the first special-use permit was granted.

Next, Westrich said, DSW decided to build the fifth floor and an attic with the second special-use permit, but company management decided to add the sixth floor in order to attract prime commercial tenants.

But DSW had missed the deadline for applying to the Planning and Zoning Commission in February for the additional floor, he said, and had to wait until the March meeting to request the permit.

"At that point, feeling it was a reasonable request, we proceeded with the plan while at the same time applying for the special-use permit," Westrich said.

Changing the building from five floors with an attic to six floors only added 8 feet in elevation, he said.

Longer columns to accommodate the additional floor were added to the building before the permit went before the Planning and Zoning Commission.

Council members chastised DSW for the process taken in constructing the additional floor and requesting the permit after work had started.

Spradling said he had received "numerous calls from contractors" complaining that DSW was getting special treatment after the Planning and Zoning Commission recommended granting the permit last month.

"I recognize that it may be a mistake or a change in your circumstances, but it certainly doesn't help us in having to approve something after the fact," Spradling said. "We caught quite a bit of flak and concern. I think the general sentiment is that we're giving the big guy a break, and the little guy doesn't get a break. That certainly sets a dangerous precedent."

During the council study session before the regular meeting, questions were raised because Dennis Vollink, a member of the Planning and Zoning Commission, last month made the presentation requesting the special-use permit. Vollink is employed by Drury Southwest.

Vollink did not vote on any of the items on the March Planning and Zoning Commission agenda, but Neumeyer wondered if his appearance, which included answering questions from the other commissioners about the project, might constitute a conflict of interest.

City attorney Eric Cunningham said state law stipulates that elected and appointed officials cannot participate in discussion on any project which might benefit them financially.