11-13-06 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee Meeting 2©06 South Bend Common Council The November 13, 2006 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by Chairperson, Council Member Ervin Kuspa, at 3:00 p.m. in the Council's Informal Meeting Roam. Persons in attendance included Council Members Varner, Kuspa, White, Rouse, Kelly, Kirsits, Dieter and Puzzello; Citizen Member Ed Talley, Community and Economic Development Executive Director Sharon Kendall, Martha Lewis, City Clerk John Voorde, Mrs. Kopola, Public Works Director Gary Gilot, Building Commissioner Don Fozo, Jamie Loa of the South Bend Tribune, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee Members consist of Council Members KIr51t5, Dieter and White, and Citizen Member Ed Talley. He stated that those who wish to be recognized should state their name and address for the record. Bill No. 06-1110 Special Exception for 828 & 830 East Fox Street: Council Member Kuspa called for a report from the Board of Zoning Appeals on Bill No. 06-110 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 828 & 830 East Fox Street. Building Commissioner Don Fozo reported that the Board of Zoning Appeals held a public hearing on October 19, 2006 on the petition of Rick and Susan Donoho who are seeking a special exception to allow a duplex in a "SF2" zoning district. The BZA voted 4-0 to recommend the request favorably to Council. Council Member Kuspa noted that the structure was built in 1905. Mr. Fozo noted that the special exception is needed in light of the use lapsing, but adding that the structure was originally built as a duplex. In response to questions from Council Member Puzzello and Citizen Member Talley, Mr. Fozo added that the "presumption of abandonment" still is in effect, noting that since the structure was built as a duplex and was used as a duplex he believes it should continue as a legal non-conforming use, noting that in such case there would not be a problem with financing. Neither the petitioner nor the petitioner's attorney was present to make a formal presentation on Bill NO. 06-110.