07-11-11 Common Council Meeting Minutes

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REGULAR MEETING JULY 11, 2011 rezoning meets the objectives of the City of South Bend’s Comprehensive Plan, City Plan and that the Future Land Use Plan shows these parcels as mixed use. The parcels are currently occupied by two structures, one of which was previously used as an office and the other as a grandfather non-conforming single family residence. This rezoning is required because the northern structure has lost is grandfathered status. Uses along Michigan Street vary greatly and include primarily fast food restaurants, office, and retail. In conjunction with the uses, the zoning classification also vary greatly and include CB Community Business, MU Mixed Use, GB General Business, and LB Local Business. The most desirable use of the property is any use permitted in the MU Mixed Use District or lesser intense use such as a single family residence. Surrounding property values should not be negatively affected since the proposed rezoning is to a less intense district. Residential use of the property is compatible with the adjacent mixed uses along Michigan Street. The proposed use is responsible growth and development since it lies within a mixed use area which includes restaurants, offices, and retail. This rezoning will allow the existing structures to be used as single-family residential for which the structures were originally constructed. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the City of South Bend Common Council with a favorable recommendation. Ms. Nayder stated that the Area Plan Commission held a Public Hearing on June 21, 2011 and sends this bill to the full Council with a favorable recommendation. She advised that this rezoning will allow two existing structures to be used as single-family residences. Residential use of the parcels is compatible with the adjacent mixed land uses along this part of Michigan Street. Mr. Kevin Wang, 4503 S. Michigan Street, South Bend, Indiana, made the presentation on behalf of the petitioners, Jin Dian Wang and Jin Li Zhang. Mr. Wang advised that the petitioners recently purchased the two single family dwellings without the knowledge that they were zoned as MU Mixed Use District. The two homes were originally constructed as single family dwellings and were apparently used for many years for that purpose. However, the house located at 2014 S. Michigan Street was used for a period of time by Thompson-Wiseman Insurance Agency. He stated that the house has not been used for a commercial business for more than ten years, and is currently a functional single family dwelling. It is the intention of the property owners to occupy or rent both houses for the purpose for which they were originally constructed. Mr. Wang asked the Council for their favorable consideration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 40-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,200,000 FOR CAPITAL INVESTMENT IN THE POTAWATOMI CONSERVATORY IN 2011 BILL NO. 41-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 FOR CAPITAL INVESTMENT IN THE MIRACLE PARK IN 2011 4