03/22/10 Board of Public Works Minutes

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PUBLIC AGENDA SESSION MARCH 18, 2010 b6 alley when coming dawn to Angela. Mr. Gregg Zientara, City Controller, asked if any of the homes have garages on the alley. Mrs. Broden stated there are two garages on the houses an Otsego and two garages on the Hillcrest side. Mr. Zientara questioned where the access to the garages is and if the alley is the only access? Mrs. Broden stated the access is from the South, the opposite direction. She Hated they don`t use the alley at all in the winter because of treacherous conditions. Mrs. Broden stated the encroachment is the issue and is problematic, and the proposed use is an increase. Mr. Gilot noted the actual use will increase, the permitted use won't increase. Mr. Al Kirsits, City Council and South Bend Fire Department, asked to speak in his role as a Council member. He noted in 2003 the City made sweeping changes to zoning Iaws that may have allowed this to become an apartment complex. He noted if the Council had been aware of this, they never would have approved the changes in zoning regulations. He added this is a spot increase in zoning. Mr. Kirsits stated this is going to create an increase in parking needs, and there is not enough parking available. Mr. Kirsits stated the proposed increase will mean there will be fourteen vehicles, not twelve, parking there. He noted trash trucks use the alley, entering from the other end and turning around in the parking area of this complex. Because the complex is not fully occupied, they still have room to turn around. He added he is a resident of the area and has had difficulty getting an SUV through from Otsego because there is a brick wall on the edge of the alley and a cement structure on the alley. Mr. Kirsits stated, speaking as a Fire Chief, he had to take a fireman for drug testing due to his attempt to turn dawn the alley and damaging the fire truck as a result. Mr. Kirsits Hated the Fire Department will never be able to go down the alley due to the incline and the stairway is so steep they will never be able to take a victim dawn there; they would have to roll the stretcher down the alley. He noted the steepness necessitates 300 to 350 feet of attack line to fight a fire. The normal is 200 feet. Mr. Kirsits stated the property should not be turned into a six residence complex and should stay as a single family residence for safety. This fits the zoning of the neighborhood also, he added. Ms. Ann Puzzello, District Representative, stated the zoning is Iegal far two students per unit, and she is not sure how it became grandfathered. She stated Chief Federico Rodriguez requests a test to see if emergency vehicles can get through. Ms. Puzzello noted this is her district and her constituents and she is very concerned for their safety. Mr. Kirsits noted the Fire Department recently had a fire in a home converted to apartments in a similar situation, and they nearly lost two firefighters due to a flashover an the second Hoar. There is nothing in place to register these buildings and they go in without any idea of the design of the inside. He noted pubic safety and trash people are at a disadvantage in this situation. Mr. Leon Stein, Inspector, Fire Department, noted the owners are planning on installing wet sprinklers from the attic down to the basement in this complex. Mr. Frey added the structure will meet State building requirements and codes for multi-family structures, and will have the exact same number of bedrooms as before. He noted they had a mass meeting with City staff on the requirements and have met all code requirements. He added they have opened up parking to meet code and the only reconstruction to be made is to make the structure safe. Mr. Gilot questioned if the owners ever considered demolition of the other structure on the property? Mr. Frey stated that had never been considered and the property is a viable rental unit. Mr. Inks questioned when the property was purchased and why a survey didn't Shaw up the encroachment then Mr. Frey stated it was purchased two or three years ago and a survey was not done. Mr. Inks questioned why the buyer didn't realize it wasn't safe at the time of purchase, has it deteriorated? Mr. Frey stated the owner is an absentee owner, and uses an agency to oversee the property. Mr. Gilot stated his gut instinct is that we made a mistake on the zoning, this is a single family area and the owner is proposing amulti-unit. Mr. Gilot made a motion that the Board table the encroachment request and take the matter under advisement and seek counsel from the Building Department, Legal, and Zoning, and reset the hearing in two weeks to render a decision. He added the Clerk would notify the neighbors of the date of the meeting. Mr. inks seconded the motion, which carried. APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALSIADDENDA The following Agreements/ContractslPropasals/Addenda were submitted to the Board far a royal: Type Business Description Amount Motion/ Second Amendment South Bend 2008 Neighborhood N/A Inks/Littrel! to Contract Heritage Stabilization Program Foundation Acquisition/Rehabilita tion Program -Change