06/11/07 Council Meeting Minutes

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REGULAR MEETING JUNE 11, 2007 this Section would bring the regulation for parking in the minimum front setback to the same regulation that existed in the previous zoning ordinance. Councilmember Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this bill. Councilmember Puzzello advised that this bill follows a bill that was passed previously and it is probably very confusing to a lot of people. The issue of yard parking came up because when the new zoning bill was passed the yard parking was mentioned but it was confusing and when a property had been very negligent and had a lot of yard parking went to court, the court's would not except it because they said it was not clear enough in the zoning ordinance. It is necessary that the Council pass a bill that disallows parking in yards. This is the second time that the Council has done something like this. The first one addressed from a public safety point of view and it will allow police officers to tag cars and fine people for parking in their yards. This bill does not include special exceptions those will be addressed sometimes this summer, such as Parking on Notre Dame Home Games or Special Family Events, Church Events, has not yet been addressed by the Council and will not be a part of this bill. The bill that is before the Council tonight is the same thing, but it addresses the problem of yard parking from a zoning point of view and will allow Code Enforcement to tag cars that have been parked in yards. The bill reads that the parking of any vehicles within the required minimum front setback shall not be allow unless the parking is on a legal properly hard surfaced driveway or parking space which has a durable and dust-free surface. The wording "hard surface" has been discussed a lot both from both an environmental point of view and from a hard ship case for some people and it is an issue that is still being discussed, and talked about. Councilmember Puzzello reiterated that this bill would do the same as the recently passed one, making it illegal for people to park in their front yard, unless it's on a hard surface like a driveway. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Catherine Toppel, Director, Code Enforcement, 13~` Floor County-City Building, South Bend, Indiana, spoke in favor of this bill. Ms. Toppel advised that she is in favor of this bill. This is a quality of life issue in the neighborhoods. Unfortunately, due to the change in the ordinance in 2004, they have not been able to enforce it. When a homeowner buys a home, they intend on relaxing in the yard with the family and friends. Unfortunately when you have a neighbor that parks their vehicle up in their yard next to you, you have to be very conscious of where you are so you don't get hit. It is harder for the homeowner to enjoy their property and it does become a quality of life, because of the ruts in the yard and children will have to be very careful where they are playing in their own yards. There being no one else presenting wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kuspa made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 21-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: ARTICLE 2, RESIDENTIAL DISTRICTS, TO ADD CORNER LOT SETBACK REQUIREMENTS IN THE SF 1 DISTRICT; TO CLARIFY THE NUMBER OF VEHICLES PERMITTED IN A GARAGE; TO PROHIBIT SECURITY-STYLE FENCING WITH CERTAIN EXCEPTIONS; ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, TO REMOVE REFERENCES TO 11