Rezoning vote means woman can keep her Fredonia home

A woman living in a residence zoned commercial had her request granted to change the status to single-family residential last week by the Fredonia Village Board, closing a nearly 18-month saga.

Hannah Cholip, a first-time home buyer, purchased the house at 415 Fredonia Ave. in August 2024 to use as a residence.

One year earlier, the parcel, which included one building used as a hair and nail salon and another house, was split into two parcels. The zoning allows for residential use of the house as long as it’s an accessory to a business. The residence had been used as a rental property for years and it was made clear during the lot division that the village wanted both properties to remain zoned commercial, Village Administrator Christophe Jenkins said.

Cholip claimed she didn’t know the house was zoned commercial when she made the purchase despite real estate listings that stated it was a commercial lot. The village didn’t learn she was using the building solely as a residence until October 2024 when she applied to have chickens, which are allowed at residentially zoned properties but not commercial ones.

That led to the village inspecting the property and learning it is not being used as a business. Cholip, who works as a nurse, was told to either start an appropriate business, request rezoning or sell the property.

Cholip expressed her desire to remain in the community..

“I have never owned a business and never intended to start a business,” she wrote in a letter to the village.

“I want to contribute to the community and make this my home. This property does not resemble a business, it resembles a home, therefore it would be better used as a residential property than a commercial property.”

The Plan Commission denied Cholip’s first rezoning request. On March 2, it reversed course and recommended property line adjustments to allow for residential zoning and to rezone the property.

Plan Commission Chairman and Village President Peter Lenz referenced the fact that the building had essentially been used as a residence.

“When you have a rental property, it’s a residence for whoever’s renting it, so you do have a person living in the house, which isn’t all that different operationally from having the owner live in the house,” he said.

Both votes were 5-1. Geriann Weiland voted against.

“Our downtown could use some love and care. I would like see it stay commercial just for the fact that who knows what the future holds?” she said.

“But I do think it sucks for you for your first time home buying to have this experience. That is awful.”

At last Thursday’s Village Board meeting, Jenkins recommended against the rezoning because his job is to enforce the village’s comprehensive plan and zoning code.

“The comp plan makes it clear that the central area along Fredonia Avenue is to be a little commercial downtown hub,” he said.

Trustee and Plan Commission member Jessica Franck said officials were forced with a challenging decision.

“If it remains a commercial property, she will no longer to be able to live in her first home. It was a very difficult decision for all of us,” she said.

Lenz said since Cholip was misled on the zoning of the property, and if she would be forced to move, “you end up punishing the victim, basically.”

The board voted, 6-0, to allow the property line adjustments and rezoning.

Cholip will also be allowed to have chickens, “as long as she can meet the appropriate setbacks and adhere to the requirements of her new zoning district,” Village Clerk Michelle Johnson said.

Jenkins recommended revisiting the village’s comprehensive plan for that area.

“What is the future of that strip? Do we want it to all be residential? Do we want it to be commercial in the future?” he asked.