05-09-11 Zoning & Annexation Committee

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, � � � � � ..�!" �- ZONING AND ANNEXATION COMMITTEE OS-09-11 Committee Members Present: AI Kirsits; Oliver Davis; Tom LaFountain; David Varner Other Council Members Present: Derek Dieter; Karen L.White;Ann Puuello; Henry Davis; Tim Rouse Others Present: Kathy Cekanski-Farrand; Rita Kopala; Mark Lyons; Joe Calderon; Gregg Zientara; Cosmo Bumbaca; Frank Agostino Agenda: Bill No. 13-11 —Rezone 400 Block N. Notre Dame Av. Bill No. 11-28—Special Exception—700 W. Ireland Rd. Bill No. 11-29—Special Exception— 1201 Campeau Bill No. 11-30—Special Exception— 1019-1023 Talbot Chairperson Kirsits called the Zoning and Annexation Committee to order at 4:20 p.m. He began the meeting by announcing he had received a request from the petitioner to continue the pubic hearing for Bill No. 13-11 until the next Council Meeting on May 23, 2011. There was consensus to continue as requested. Moving on to Bill No. 11-28, a bill requesting a special exception be given to Wal-Mart on Ireland Road to allow the sale of firearms, Chairperson Kirsits recognized Mark Lyons for a BZA report. Mark said Wal-Mart was given a favorable"green IighY' by the BZA. Joe Calderon, an attorney for Wal-Mart, made a brief presentation outlining the request, along with Wal-Mart's extensive compliance with legal regulations and public safety provisions. Opening for Council comment, Councilmember Dieter expressed concern that the store not sell . armor piercing or Teflon piercing ammo. Councilmember Rouse expanded the questioning, also with public safety concerns in the forefront. Mr. Calderon was not ready with that information so the Council on a motion by Chairperson Kirsits, seconded by Councilmember LaFountain agreed, to continue until the May 23, 2011 meeting with a special committee meeting to be held on May 19, 2011 at 5:00 p.m. in the Council Informal Meeting Room, 4�h Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. . Chairperson Kirsits, moving to Bill No. 11-29, announced he had received a motion to strike. The committee agreed. Bill No. 11-30, Mark Lyons, Assistant Zoning Administrator, Building Department, reported that the Board of Zoning Appeals (BZA)had given Bill No. 11-30 a unanimous unfavorable recommendation to Council. Mr. Lyons said the BZA preferred a lot line variance to allow an addition rather than a Special Exception to connect the houses.