Although the Austin City Council turned back a request to continue a non-conforming use permit on the city's northwest side, members indicated Tuesday the petitioner may still be able to build an apartment complex on the site.

With council members Wayne Goodnature and Dick Pacholl voting against, the council voted 5-2 to deny a request by Kevin Schammel for the continued use of a permit on the site of the former Burr Oak Manor.

Schammel was hoping to continue the use of the permit so he could build a 24-unit apartment complex on that site.

However, Scott Richardson, an Austin attorney hired by residents near the site, had successfully argued that more than a year has elapsed since anything has operated on that site. Because of that, he said, the permit has expired.

Schammel, who bought the property for $10,000, had tried to transfer the permit so he could start building his complex. But Richardson said the point was moot.

"You can't change it from this use to that use if it doesn't exist anymore," he said. "The facts of this case shows the building was vacant for 12 or 13 months. We think their intent was to abandon it and unload the building for $10,000."

Prior to rejecting the request in front of a nearly packed council chamber, some council members urged Schammel not to give up.

"My take on this situation is that there's considerable support on the city council of your project," said Goodnature, the council member At-Large. "If this development does not take place, the public will likely" foot the bill, he noted. "It behooves us to see if we can work some of these circumstances out."

Gloria Nordin, 3rd Ward, reminded residents in that neighborhood that "with change, it sometimes is not easy to take," and Pacholl, 2nd Ward, also agreed with Goodnature.

"I would like to see that property developed and with good use," Pacholl said. "People that I have talked to outside the area are looking for good housing."

First Ward council member Mickey Jorgenson said something needs to be with the site, which has been abandoned since October 2001. However, she stopped short of immediately endorsing Schammel's proposal.

"I think the residents in that area don't want that building to sit empty and rot away," she said.

"It's one of the loveliest areas of town and for the people in that community."

Dan Fields can be reached at 434-2230 or by e-mail at :mailto:dan.fields@austindailyherald.com