06-14-10 Common Council Meeting Minutes

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REGULAR MEETING JUNE 14, 2010 PUBLIC HEARINGS BILL NO. 18-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 220 S. TAYLOR STREET COUNCILMANIC DISTRICT COUNCIL DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Mr. Derek Spier, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana presented the report from the Commission. Mr. Spier advised that the petitioner is requesting a zone change from MU Mixed Use District to SF2 Single-Family and Tow-Family District to allow an exiting house to continue to be used as a single-family residence. He stated that on site is an existing structure that is currently being used as a single-family residence. To the north is an insurance/investment planning office, an attorney’s office, and three single-family residences zoned MU Mixed Use District. To the east is AIDS Ministries, multi-family residential, and a single-family residence all zoned MU Mixed Use District. To the south are three single-family residences zoned MU Mixed Use District. To the west is a parking area zoned MU Mixed Use District and a single-family residence zoned MF2 Urban Corridor Multifamily District. No site plan is required for rezoning to the SF2 District. An existing structure is located on the site which is currently being occupied as a single-family residence. Prior to the 2004 update of the City Zoning Ordinance, the entire block was zoned “B” Residential. The prior use of the existing structure was an attorney’s office. In July 2009, the City Council denied a special exception request to allow this property to be used as a group residence. Taylor Street is two lanes. The site is also adjacent to a north-south and an east-west alley. The site will continue to be served with municipal sewer and water. Both the City of South Bend Department of Community and Economic Development and the St. Joseph County Historic Preservation Commission support this rezoning petition. The City Engineering Department has no objection. Mr. Spier noted that the site is currently occupied by a two-story residential structure with a fenced in rear yard. The most desirable use of the property is as a single- family residence or those permitted uses within the MU Mixed Use District. The surrounding property values should not be affected. It is responsible development and growth to allow the existing structure on this site to continue to be used as a single-family residence. He stated that this bill is being sent to the Common Council with a favorable recommendation. Mr. Spier noted that several of the structures on this same block have been converted back to single-family uses. It is appropriate at this time to allow for the existing structure to continue to be used as a single-family residence. Such a use is compatible with the adjacent office, single-family residential, and multifamily residential uses. Ms. Jean Dibble, 220 S. Taylor Street, South Bend, Indiana, stated that she is the owner and is requesting a zone change from MU Mixed Use to SF2 Single Family and Two Family District to be used as a single family residence. She stated that she purchased the home last fall with the intent to live in it. She stated that she has made numerous repairs to the home. Ms. Dibble stated that she works at Notre Dame and finds the location and neighborhood a suitable place to live. She asked the Council for their favorable recommendation. 3