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Anthony Zappia, Attorney -at -Law, with offices at 52582 State Road 933 North, South Bend, IN, <br />represented the petitioner. Mr. Zappia stated, The petitioner is seeking a zoning modification, as <br />was explained. The purpose is to build nine (9) (2 -) two -story townhouses with three (3) units in <br />each building. He stated that the bill appeared before the Area Plan Commission the previous <br />week and received unanimous favorable recommendation. Mr. Zappia stated, There was a <br />significant amount of dialogue between my clients and the Northeast Neighborhood folks as a <br />result of that dialogue. As a result of that positive communication, we've reached agreements on <br />all matters. In fact, Bill Stenz, from the Northeast Neighborhood group, spoke at Area Plan <br />Commission meetings supporting our project. Before that, Marco Mariani of the Northeast <br />Neighborhood Revitalization Organization wrote a very nice letter in support of the project. <br />We're talking about a $3,000,000 to $3,500,000 project here. We did get variances approved <br />previously at the Area Plan Commission. There's a total of ten (10) commitments: five (5) would <br />be enforceable by the governmental entities or the neighbors; the other five (5) through the <br />Northeast Neighborhood Association groups. The basis of that was negotiations through the <br />petitioner, and the Northeast Neighborhood through their attorney. We really came to an <br />agreement pretty quick on all matters. So, we're happy to be here and are excited about the <br />project. One of the things that we heard: we're in the price range for about $275,000 as a base <br />range. I don't consider that cheap and a lot of people want to get in this neighborhood but are <br />having a hard time getting within that price range, because you're hearing $400,000, $500,000, <br />$600,000 a home. We already have a commitment from a family that has given us a deposit, and <br />they're ready to go. You people are going to have a second one very shortly. <br />Committeemember Voorde asked, Any lighting issues there, behind the places? <br />Mr. Danch responded, Since we're NF 1 —same thing. It would just be the cutoff lighting at the <br />top so that you don't have any spillage onto the adjacent properties. And what I gave Council <br />were both sets of documents for the written commitments. So, the one that says "Exhibit A" on <br />it the top one — that's the one that the governmental agencies will be able to enforce, like <br />Angela was talking about with the land -use issues. The other one that says "Written <br />Commitments: Exhibit A' — that's the one that will be enforceable by the Neighborhood <br />Association. So, that's the one that deals with actually having the primary residences. That was <br />one of the concerns the neighborhood had. <br />Mr. Zappia recounted a previous experience with a project by Notre Dame wherein written <br />commitments limited use of the property to graduate students. Mr. Danch added that the project <br />at hand that evening would not house any students whatsoever. <br />Commiteemember Jo Broden asked, What about transferability —if there's an ownership trade? <br />Mr. Danch responded, Written commitments go with the land. Both sets. <br />Mr. Zappia and Mr. Danch explained that the previously mentioned property by Notre Dame had <br />changed hands a few times but the written commitments originally made were still in full force. <br />Mr. Danch further explained that the variance shown on the site plan was due to the fact that the <br />homes would be single - family units with zero (0) lot lines. He stated, That's one of the things <br />that people are looking for. From a standpoint of financing, it's a lot easier to finance a single- <br />5 <br />