06-13-11 Common Council Meeting Minutes

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REGULAR MEETING JUNE 13, 2011 stated that the State Law is very clear and that there are four criteria that the Council can st look at and the Council has more opportunity to regulate now than come July 1. The very plan of operation that is on file and a part of the Resolution, if there is a violation the Building Commissioner would have something to follow-up on. Council Attorney Kathleen Cekanski-Farrand stated that Mr. Calderone could take the offer to restrict sales back to Wal-Mart for their consideration. Mr. Calderone stated that he does not have the authority to make that decision. He advised that they would respond back in writing to the Council by the end of the week. Councilmember Rouse stated that he believes they need to address the issue of the spike in gun violence. Councilmember Oliver Davis stated that they way to address issues like that is to contact our State Legislators. Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember LaFountain seconded the motion which carried by a roll call vote of five (5) ayes (Councilmember’s Rouse, White, LaFountain, Varner, Oliver Davis,) three (3) nays (Councilmember’s Henry Davis, Puzzello, Dieter.) BILL NO. 11-30 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1019 TALBOT AVENUE AND 1023 TALBOT AVENUE, SOUTH BEND, IN 46617 Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Commission, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with an unfavorable recommendation. Mark Lyons, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow for a two family dwelling in a “SF2” District, on property located at 1019 & 1023 Talbot Street, to be combined into a duplex. He stated that the Area Board of Zoning Appeals held a public hearing on April 6, 2011 and sends this bill to the Common Council with a unanimous unfavorable recommendation. Mr. Frank Agostino, 120 W. LaSalle Avenue, Suite 704, South Bend, Indiana, made the presentation on behalf of the petitioner Cosimo Bumbaca. Mr. Agostino advised that the petitioner is seeking a special exception to allow a two family dwelling in a SF2 District. Mr. Agostino advised that Mr. Bumbaca would like to consolidate 1019 Talbot and 1023 Talbot into one residence. The purpose was to add 240 square feet to the two homes and make it more desirable to the renters of the property. He stated that Mr. Bumbaca has been involved in rental properties for several years and has improved those properties over the years. Mr. Agostino noted that it was mentioned earlier in the committee meeting this afternoon that this area was a shooting gallery and an officer was killed in the line of duty in this area. Mr. Agostino stated that this is a private investor investing his own money into this project to help beautify the city. Mr. Agostino stated that there is opposition to this special exception because it was mentioned that Mr. Bumbaca was going to rent to students and that he currently rents to students. He stated that students are part of the community and those students should not be discriminated against, just because of whom they are. Not all students throw parties, not all students get into trouble; there shouldn’t be any discrimination against somebody 33