03/12/07 Council Meeting Minutes

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REGULAR MEETING MARCH 12, 2007 In Rebuttal, Mr. Dosmann reiterated that this is a unique piece of property. The fact that the Northeast Neighborhood Council is challenging the South Bend Common Council on looking at this particular piece of property without affecting all of the other properties surrounding the University of Notre Dame is absolutely ludicrous. Mr. Dosmann stated that he comes to the Council to benefit his company. If approved, anoff-street parking lot will be installed and designed to hold a 100 year rain and it is going to cost approximately $10,000. Mr. Kramer suggested atwo-year probationary period that would be acceptable. Mr. Dosmann stated that would give him an adequate amount of time to prove to the Council that this particular situation on his block can be controlled. Across the street from his business is a whole apartment complex that has six individual apartments, each one having three students per house. They have no problems with these students. Last year at graduation, they had a party, there were approximately 500 people in the back yard, and by the next morning there was not one cup, beer bottle, or any other debris. These people police themselves. Mr. Dosmann stated they he would like to meet with both neighborhood organizations. Mr. Dosmann stated that he and his wife were on vacation, celebrating their 36~` Year Wedding Anniversary, and that his Vice-President was one that handed out the letter, he had forgotten that there was a prior commitment on the same evening, giving a presentation to 58 area IBEW local apprentices along with the University of Notre Dame's Electrical Engineering Department and Employees from several area business's in the area, that very same night at the shop. He had to make a decision between the Neighborhood Association meeting and the commitment that Northern Electric Co. Inc., had made. Mr. Dosmann urged the Council to approve the Special Exception. Councilmember Pfeifer asked Mr. Fozo, St. Joseph County Building Commissioner to explain to her Mr. Dosmann threat that if the Council does not pass this tonight, he will put six students in the house instead of four. Mr. Fozo stated the property is zoned mixed use. Mixed use does allow multi-family. It doesn't allow for single family, if they were coming in for a single family designation, they would also be before the Council asking for a Special Exception also, If someone would want to convert this building into several units depending on the size of the building, they could do that under the present zoning ordinance. Councilmember Puzzello questioned the rental where the party was held with 500 people in the backyard and didn't leave a mess. That was really nice that they didn't leave a mess, but the people who live next door that might have been trying to sleep, probably objected to the 500 students that were partying. She noted that when Mr. Dosmann looks at the block in question, down St. Louis, it is a neighborhood. The Northeast Neighborhood has fought had throughout the years to retain their single-family zoning. She noted that she knows first hand, because she has been part of it several times. In the East Washington Street area where Ms. Costello lives, they have largely lost the fight. So many students have come to live in that four or five block area that the noise is so bad, and that it bothers anybody who lives there as a family and so they end up leaving, and selling their property for rental to students, because nobody else wants to live there. Now, it's starting down further East Washington Street, near the East Bank, and that area pretty soon will the same type of situation, because once students move in, and if there are large numbers of them particularly, it quickly gets to a point where no one wants to live there. Because sometimes there are just too many nights that are much too noisy to sleep. The trash and debris also make it difficult to have pride in your neighborhood. My fellow Councihnember's know if they live in areas that have some abandoned homes that the answering for abandoned housing is not bad zoning. This is not good zoning, it setting a precedent, because anybody who comes before the Council in that particular area for a Special Exception would use this as an example to not refuse them. Councilmember Puzzello stated that she is against this bill, and will be voting against it. Councilmember Varner advised that this each issue is unique. The fact here is setting a precedent. Also, the City just recently went through the extensive process of City Plan. You can go to that particular paragraph in City Plan and use it to your advantage in any given situation. City Plan is a guideline; it says some nice things and point out some nice 18