The City Council gave the property owners on the northeast corner of Fourth Street and Polk Avenue two options Tuesday night.

Mayor John Inyart asked the owners, who have requested a variance on the corner to build smaller apartments, if they would prefer the council to vote on the variance at the meeting or put it on file for public inspection.

“I think we need to go with option B at this point,” said Hadley Phillips, who co-owns the properties with his brother, Chad Phillips.

The council placed the variance on file for public inspection by a narrow vote of 3-2. Inyart and Councilmember Larry Rennels voted against the motion.

If the council opted to vote on approval of the variance, the council would have needed four votes to approve it.

Placing the variance on file for public inspection means the council will have to vote on it in two weeks and will only need three votes for approval.

Inyart said he gave Hadley Phillips the opportunity to express his opinion about the council’s options as a courtesy.

Inyart said he thought there was a chance the variance would not get the four votes needed for approval based off discussion among the council. Inyart, however, voted against putting the variance on file, suggesting he would vote against approving the actual variance.

Chad and Hadley Phillips requested the variance to build 34 two- and one-bedroom apartments, instead of three- and four-bedroom units, which current code permits.

The number of bedrooms, 56, and parking spaces, 75, would be the same regardless of the variance.

On Aug. 4, the council sent the petition back to the zoning board for further review, claiming requirements for a variance were not met.

Those requirements are the property cannot yield a reasonable rate of return and would not alter the viability of neighboring properties.

Inyart said he is concerned about affecting the surrounding single-family neighborhood.

He said the council has approved this variance to developers who built University Village, located behind Wal-Mart, and to Larry Ankenbrand, who is building apartments on Ninth Street and Grant Avenue.

Inyart said University Village needed the variance to turn houses into duplexes, which are located in the middle of the complex. The location of the duplexes has not affected surrounding neighborhoods, he said.

Inyart said the apartment complex along Ninth Street is surrounded by a different neighborhood where affecting single-family residents is not an issue.

“I think it’s apples and oranges,” he said.

Inyart said the 56-bedroom apartment complex might draw more than 56 occupants, which could disrupt the surrounding neighborhood.

Rennels said he prefers 17 two-bedroom apartments to be built instead of 34, one- and two-bedroom apartments, adding the latter could affect the surrounding neighborhood.

He said the rate of return for 34 units did not include a parking lot.

Rennels said if the lot were included, the rate of return would be similar to the 17-unit projection, which is 6.44.

That projection still would not yield a reasonable rate of return, which meets the variance requirement.

Councilmember Jeff Lahr, who voted to put the motion on file, said the variance meets the requirements in question.

“I’m OK with the request,” he said.

During public comments, Reggie Phillips, who owns Unique Homes and is father to Hadley and Chad Phillips, confronted Inyart, suggesting a rift between him and the mayor.

“I don’t understand the actual thorn in your side on this,” Reggie Phillips said.

He said Charleston needs growth, and his family is the only one developing in the area.

Inyart said the council is not trying to ruin opportunities for the Phillips’ family to develop.

“My whole concern is to preserve the . neighborhood,” he said.

Stephen Di Benedetto can be reached at 581-7942 or at sdibenedetto@eiu.edu.