10/02/1978 Board of Public Works Minutes

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50 REGULAR MEETING OCTOBER 2, 1978 APPLICATION FOR OPEN AIR STAND TABLED - OLIVE AND SAMPLE Mrs. Laverne Przygocki, 1715 Portage Avenue, was present and submitted to the Board an application on behalf of William E. Moore and Mrs. Przygocki to operate an open air stand at the corner of Olive and Sample for the sale of flowers. Deputy City Attorney James A. Masters advised the Board that they. had this matter before them in April and, at that time, the application was denied because of a possible zoning violation in the use of the A Residential property at 1715 Portage Avenue for the distribution of flowers and fireworks for sale at various locations. Upon denial of the appliation, the Board requested that Mr. Moore attend a hearing on the matter but Mr. Moore did not appear. Based on a signed affidavit on this use of the property, Mr. Masters said the Legal Department is prepared to file suit on the zoning violation. Mrs. Przygocki is present as is her neighbor, Mrs. Hogan, and this provides the Board with an opportunity to review the matter of the zoning violation before acting on this application. Mrs. Przygocki then advised the Board that she has dicussed this matter with Mr. Masters and is aware of the situation. She has obtained a commercial location at 1809 Lincolnway West in Mishawaka, or an alternate site at Mr. Fresh on Portage Avenue, and will move the operation out of her home at 1715 Portage Avenue. In regard to the fact that Mr. Moore did not appear at the hearing last spring, Mrs. Przygocki said he had made arrangements for William Voor to represent him at the hearing and thought he would be present. It was not until after the hearing, that Mr. Moore discovered that no one had appeared. Mrs. Hogan, 1707 Portage, advised the Board that the situation at 1715 Portage has been in existence for four years. She noted that activities involved the receiving and storing of flowers and fireworks and the loading and unloading of them into cars and vans for distribution at various stands. Mrs. Hogan said, as a resident of an A residential zone, she did not feel she should have to put up with this activity. She said Mrs. Przygocki received a Cease and Desist Order from the Building Commissioner last year but still continued the operation. Mrs. Hogan then displayed photographs of the flowers and containers on the property. Mr. Masters said an: affidavit is on file and the City Attorney's Office has planned to file suit to rectify the zoning violation this week but it was felt that Mrs. Przygocki's appearance today might resolve the matter. He recommended that Mrs. Przygocki be asked to sign a written agreement to be submitted to the Board setting forth her plans to move the operation from 1715 Portage. Upon receipt of that document, the Board could act on the new application for an Open Air Stand. Mrs. Hogan said she felt strongly that the Board should require some proof that the business has been established in a commercial location before granting the,permit, Mr. Brunner said the Board would want an indication from Mrs. Przygocki that she understands that she cannot use the property at 1715 Portage for this activity, involving any items, including flowers and fireworks, and that she does have a commercial location for the operation. The Legal Department will draft a document for Mrs. Przygocki's and Mi. Moore's signature. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Open Air Stand application was tabled pending receipt of the signed document. BID ADVER'T'ISING APPROVED - CURB, SIDEWALK AND STREET IMPROVEMENTS John E. Leszczynski, Manager of the Bureau of Public Construction, requested that the Board advertise for bids for curb, sidewalk and.street improvements on Werwinski, Diamond, Broadway, Howard, St. Louis and St. Peter Streets. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved and advertising was authorized, with sealed bids to be received for Werwinski Street on October 16 and the other streets on October 23.